Humbrecht Law



More Than A FineThe True Cost of Speeding in VirginiaJean Humbrecht, Esq.Copyright ? 2020. All rights reserved. No part of this book may be used or reproduced in any manner without the written consent of the author.Book cover designed by Red Clay Creative.DisclaimerTHIS BOOK IS MEANT FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS LEGAL ADVICE. Legal advice can only be given in the context of an attorney-client relationship established independently with a lawyer. You should consult with an attorney in your area about your specific circumstances because everyone’s situation is different. ForewordThank you to Steve Kubin of Primerica Financial Services and Marie White of Brock Norton Insurance for their assistance in completing this book. TABLE OF CONTENTSIntroductionDo I Have To Pay A Fine?I Can Just Pre-Pay The Fine And That’s It, Right?Do I Have To Pay Court Costs?Do I Have To Go To court?Will I Get DMV Points?Will A Conviction Go On My Driving Record?Can My Driver’s License Get Suspended Or Revoked?Will Speeding Tickets in Virginia Impact Out-Of-State Drivers?Will My Car Insurance Go Up?Will A Speeding Ticket Affect my Life Insurance?Could I Be Sued?Could My Bond or Probation Be Revoked Because Of A Speeding Ticket?Is Speeding Ever A Crime in Virginia?Could I Lose My Security Clearance? Could I Lose My Commercial Driver’s License?Could I Lose My Job?Are Juveniles Punished The Same Way As Adults For Speeding in Virginia?Will This Affect Me in The Future If I Get Another Ticket?Can I Appeal If I Lose?Is There Anything I Can Do To Help My Case Before Court?Do I Need an Attorney?What Happens If I Don’t Hire An Attorney?INTRODUCTIONNothing is worse than seeing blue flashing lights in your rear-view mirror. You are already late and now you have to pay a fine or go to court! What an inconvenience, you might think. But it is more than an inconvenience. And it is more than just a fine. There are many consequences to speeding tickets in Virginia that most drivers don’t think about. Convictions for speeding in Virginia will go on a person’s driving record and will result in DMV demerit points. Drivers will have to pay a fine in addition to court costs-even if they don’t go to court. Convictions also can affect car insurance, life insurance, a security clearance, and even your job, among many other things. Probably the worst consequence is a permanent criminal record (if the driver is convicted of Reckless Driving by Speed in Virginia, which is a crime).This book is designed to provide general knowledge about the costs of speeding tickets in Virginia. However, nothing can substitute for consulting with a local attorney to discuss your specific case and situation.What Is A Speeding Ticket? Speeding in Virginia is generally a traffic infraction. A traffic infraction is a violation of the motor vehicles laws in Virginia that is not a felony or misdemeanor. When a driver is charged with speeding, the police officer gives the driver a summons. A summons is written notification of the court date and time. The driver is required to sign the summons, which is not an admission of guilt, but a promise to appear in court. A speeding ticket in Virginia is punished with a fine up to $250 (subject to a few exceptions). The fine can be pre-paid, meaning the driver does not need to go to court. While pre-paying the fine for a speeding ticket in Virginia might seem like the easiest thing to do, it has many consequences in addition to the fine. By pre-paying the fine, the driver is admitting guilt. As a result, the driver will have a conviction for speeding on his or her driving record for several years. And as a result of that record, the consequences discussed throughout this book may start to come into play.Why Did I Get A Speeding Ticket?A police officer in uniform displaying his or her badge of authority can issue a speeding ticket if the officer personally observes the behavior and records the speed. A police officer can also issue a speeding ticket if the officer receives a radio message from another officer who recorded the speed and immediately sent the message along with some positive identification of the vehicle. The driver can also provide evidence that he or she was speeding. If a driver admits to speeding, or admits to knowing the speed he or she was traveling or the speed limit, that is more evidence for a conviction. And with that conviction comes a fine. But remember. it is more than just a fine.What Are The Speed Limits In Virginia? Speed limits in Virginia vary depending on the location and the type of vehicle the person is driving. The speed limits for all vehicles on interstate highways in Virginia is generally 55 miles-per-hour, unless otherwise specified in the code and marked with signs. This speed limit also applies to other limited access highways with divided roadways, nonlimited access highways having four or more lanes, and all state primary highways. Other areas and specific types of vehicles can have different speed limits that apply to them:Areas and Roadways Speed Limitinterstate highwayscan be increased to 70 miles-per-hourmulti-lane, divided, limited access highwayscan be increased to 70 miles-per-hourhigh occupancy vehicle lanes physically separated from other travel lanescan be increased to 70 miles-per-hourhighways in towns and cities (including interstate or other limited access highways with divided roadways and in business or residence districts)35 miles-per-hour (with some exceptions)certain routes and sections of routes that are nonlimited access, multilane, divided highways on: U.S. Route 17, U.S. Route 23, U.S. Route 29, U.S. Route 58, U.S. Alternate Route 58, U.S. Route 301, U.S. Route 360, U.S. Route 460, U.S. Route 501 between the Town of South Boston and the North Carolina state line, State Route 3, and State Route 20760 miles-per-hour where indicated by lawfully placed signsnon-surface treated highways35 miles-per-hour (can be increased or decreased)rural rustic roads35 miles-per-hourbridges, tunnels, and interstatesspeed limit varies (but must be clearly marked)school crossing zones25 miles-per-hour (can be as low as 15 miles per hour)highway work zones (when workers present)speed limit variesresidential areas25 miles-per-hour (usually)business districts25 miles-per-hourType of Vehicle Speed Limitpassenger motor vehicles55 miles-per-hourBusses55 miles-per-hourpick up or panel trucks55 miles-per-hourMotorcycles55 miles-per-hourTrucks45 miles-per-hourtractor trucks45 miles-per-hourcombination of vehicles designed to transport property45 miles-per-hourmotor vehicle being used to tow a vehicle designed for self-propulsion45 miles-per-hourhouse trailer45 miles-per-hourschool busses45 miles-per-hour or the minimum allowable speed on a highway that is marked as 55 miles-per-hour or less, whichever is greater, or 60 miles-per-hour on all interstate highways and other highways where the speed limit is more than 55 miles-per-hour vehicles with special permitsthe speed limit can be reduced for any vehicle or combination of vehicles traveling pursuant to a special permit, regardless of posted speed limitDespite all of these specified speed limits, the speed limits still can be increased or decreased. For example, cities and towns that maintain their own roads can reduce or increase the speed limits that are in the Virginia code. How Do I Know What The Speed Limit Is In Virginia?Speed limits in Virginia are generally posted and traveling above these speed limits can result in speeding tickets.?However, there are some speed limits that may still apply even if no signs are posted and Virginia drivers are required to know and abide by these speed limits.Certain areas can have reduced speed limits at certain times and/or increased fines and additional penalties for speeding, including school crossing zones and highway work zones. Drivers should pay attention to the speed limits in Virginia as they can change depending on the time of day and conditions present.What If I Drive Under The Speed Limit? I’ll Be Safe Then, Right?Surely it cannot be against the law to drive under the speed limit, right? Actually, it can. Virginia drivers can also get tickets for driving too slowly if the slow driving impedes the normal and reasonable movement of traffic (absent dangerous conditions requiring a reduced speed). How Do The Police Know How Fast I Was Driving?The police use a variety of tools to measure speed in Virginia. These tools include:radarlasermicrochip computer devices (connected to odometer cables or on airplanes or helicopters) that measure and record distance traveled and elapsed time to determine the average speed of a motor vehicle, and pacingThe police must ensure that any speed-measuring device they use is working properly and that the results are accurate.Speeding vs. Reckless Driving In VirginiaWhat is the difference between speeding and Reckless Driving in Virginia?SpeedingSpeeding in Virginia is a traffic infraction. A traffic infraction in Virginia is a violation of law that is not a crime. It is punished with a fine up to $250 (subject to limited exceptions which are discussed in the chapter related to fines). Most traffic infractions in Virginia can be pre-paid without going to court. If a driver does not pre-pay the ticket for speeding in Virginia and fails to appear in court, the court can convict the driver in his or her absence.Additionally, the Virginia DMV adds demerit points to a driver’s record after a conviction for any speeding ticket (or any other moving violation), and the number of points depends on the speed (or severity of the offense). The points and conviction for speeding and other traffic offenses will eventually drop off of a person’s Virginia driving record (but not for several years). Traffic infractions in Virginia are not crimes and cannot be punished with jail time.Reckless DrivingHowever, driving 20 miles-per-hour or more over the speed limit or driving more than 80 miles-per-hour (regardless of the speed limit) in Virginia can be charged as Reckless Driving, which is a crime. While speeding tickets in Virginia can be pre-paid without coming to court, a Reckless Driving charge cannot be pre-paid and the driver must come to court. If a driver fails to appear for a Reckless Driving charge in Virginia, the court can issue a bench warrant for the person’s arrest.Reckless Driving in Virginia can be punished with jail, high fines, and driver’s license suspension. The most serious punishment, however, is a permanent criminal record. A Reckless Driving conviction can also have many collateral consequences not specifically written in the law which (not surprisingly) are associated with a criminal record.Reckless Driving by Speed in Virginia is discussed in more detail later in this book.I Got A Ticket-Now What?When a person is charged with speeding in Virginia, there will be a court date written on the ticket. The person can either pre-pay the fine before the court date or go to court to fight the ticket. Of course, the last thing anyone wants to worry about is going to court. As a result, many people think that it is easier to just pre-pay the fine. However, pre-paying the fine is an admission of guilt and will result in a conviction. As discussed throughout this book, the conviction from simply pre-paying a Virginia speeding ticket will lead to penalties that include far more than just the fine. The following chapters discuss the myriad of ways that speeding tickets can affect Virginia drivers.As you will see, the consequences of speeding in Virginia amount to much more than just a fine. DO I HAVE TO PAY A FINE?A speeding ticket in Virginia is punished with a fine.?A driver can pre-pay the fine or contest the ticket in court. The maximum possible fine for speeding and other traffic tickets in Virginia is $250, subject to a few exceptions.How Much Is The Pre-Payable Fine?The pre-payable fine for a speeding ticket in Virginia is based on the number of miles-per-hour over the posted speed limit the person was driving. It is generally $6 for every mile-per-hour over the speed limit. The maximum fine for speeding in Virginia is usually $250.Increased Fines For Speeding In Certain AreasThere are increased fines for speeding in certain areas in Virginia. ?School Crossing ZonesA school crossing zone is an area near a school where the presence of children going to and from school requires a special warning to drivers. School crossing zones have signs indicating that a school crossing is in progress. The signs are generally in position or on for thirty minutes before and after normal school hours and any other time that children may be present. The speed limit in a school crossing zone is usually 25 miles-per-hour but can be as low as 15 mile-per-hour in a residential district. Additionally, cities and towns can increase or decrease speed limits in school crossing zones.The pre-payable fine for speeding in a school crossing zone in Virginia is $7 for every miler-per-hour over the speed limit. The maximum fine is $250 (in addition to any other penalty provided by law). Highway Work ZonesA “highway work zone” in Virginia is a construction or maintenance area on or beside a highway that is marked by warning signs, flashing lights or other traffic control devices informing drivers that work is in progress. The maximum speed limit and penalty for speeding must be displayed.The pre-payable fine for speeding in a highway work zone when workers are present is $7 for every mile-per-hour over the speed limit. The maximum fine is $500. Residential DistrictsA residence district in Virginia is an area of land improved for dwelling purposes, land occupied by dwellings, land or buildings used for business purposes, or an area zoned residential or territory in a residential subdivision.The speed limit in a residential district in Virginia is usually 25 miles-per-hour. The pre-payable fine for speeding in a residential district in Virginia is $8 for every mile-per-hour over the speed limit the offender was traveling. The maximum fine is $200 in addition to any other penalty provided by law. This means that the fine for speeding in a residential district in Virginia is punished with a fine of $200 plus $8 for every mile-per-hour over the speed limit the person was driving. The fine cannot be suspended unless a court orders the driver to complete 20 hours of community service. Notwithstanding these speed limits and penalties, some residential districts can have very specific laws relating to speeding. For example, towns with a population between 14,000 and 15,000 can impose a mandatory civil penalty of $100 for speeding in a residential district 20 miles-per-hour or more over the posted speed limit and that penalty cannot be suspended. Additionally, the speed limit can be as low as 15 miles-per-hour in some cities, such as Manassas. The speed limit must be marked with signs noting the speed limit and the penalties for speeding. The fine is a $100 civil penalty in addition to any other penalty provided by law. How Much Is The Fine In Court?If a driver is convicted of speeding in court, the maximum fine is generally $250.Is There A Difference Between The Pre-Payable Fine And The Fine I Could Get In Court?A fine imposed by the court can be suspended or partially suspended but the pre-paid fine must be paid in full. Additionally, the pre-payable fine for speeding is based on the number of miles-per-hour over the speed limit the person was driving, but the fine imposed in court can be as high as $250 (and sometimes higher in limited circumstances).Are All Fines For Speeding In Virginia Pre-Payable?Not every traffic ticket in Virginia can be pre-paid. For example, sometimes traffic tickets related to accidents involving property damage or personal injury cannot be pre-paid.Additionally, not every speeding charge in Virginia is pre-payable. Reckless Driving by Speed in Virginia is a crime-not a traffic infraction. The fine cannot be pre-paid, and the driver must come to court to handle the charge. This charge is discussed in more detail in the chapter involving Reckless Driving charges.Is The Fine For Speeding The Same As The Fine For Reckless Driving In Virginia?No. The maximum fine for speeding in Virginia is usually $250. However, the fine for Reckless Driving can be as high as $2,500.How Do I Pay The Fine?The fine for speeding in Virginia can be pre-paid before court. This means that the driver does not need to come to court to fight the ticket. If the driver chooses to pre-pay the fine, it generally must be paid no later than the last business day before the driver’s court date. However, every jurisdiction is different so it is important to pay close attention to the due date if a driver intends to pre-pay a ticket.What Happens If I Don’t Pay The Fine Before The Court Date?If the driver does not pay the fine in advance for a speeding ticket in Virginia, that driver will have to come to court to handle the speeding ticket. What Happens If I Don’t Go To Court?Drivers who do not pre-pay the fine for a traffic ticket and do not show up in court will most likely be convicted in their absence. This will result in a fine, court costs (discussed in the following chapter), and a conviction on the person’s driving record. However, drivers charged with Reckless Driving by Speed in Virginia must go to court because it is a crime. A driver charged with Reckless Driving can only be convicted in his or her absence if the Commonwealth Attorney (prosecutor) decides not to ask for any jail time (waives the right to ask for jail) as a punishment for the offense. If the prosecutor waives jail and the driver is convicted in his or her absence, the judge can impose a fine as high as $2,500. If the Commonwealth Attorney does not waive jail and the driver fails to appear in court, the person will face another criminal charge of Failure to Appear and the judge could issue a bench warrant for the person’s arrest. Can The Judge Give Me A Higher Fine Than The Pre-Payable Amount?A judge can impose a fine higher than the pre-payable amount as long as it does not exceed the maximum statutory fine. Additionally, if the driver fails to show up in court to contest the ticket, the judge will most likely convict the driver in his or her absence and probably will impose a fine higher than the pre-payable amount.More Than A FineEven though the penalty for speeding in Virginia is a fine, it is not just a fine. Paying the fine is an admission of guilt to the offense and will result in a conviction on a person’s driving record. This conviction can lead to a number of other consequences that most people don’t consider when they “just pay the fine,” as discussed throughout the rest of this book. I CAN JUST PRE-PAY THE FINE AND THAT’S IT, RIGHT?I can just pre-pay the fine for my speeding ticket and that’s it, right? It’s just a fine, right? Wrong! Paying the fine for a speeding ticket in Virginia before court is an admission of guilt to the offense and will result in a conviction on the person’s Virginia driving record. That conviction will result in automatic DMV demerit points. Accumulating too many points in a short period of time can result in penalties imposed by the DMV, up to and including driver’s license suspension (discussed in detail later in this book). Even if the driver does not have a Virginia driver’s license, a conviction for a traffic offense in Virginia will most likely go on the person’s driving record in his or her home state (the state in which the driver is licensed). Virginia is part of the Driver License Compact, which is an agreement between several states to report motor vehicle violations to a driver’s home state (the state in which a driver is licensed). This means that a conviction in Virginia for a traffic offense could go on the driver’s record in his or her home state, as well as any DMV points assessed. Additionally, if Virginia suspends the out-of-state driver’s privilege to drive in Virginia, the driver’s home state could suspend that driver’s license as well.There are other, intangible consequences of speeding ticket convictions in Virginia. This conviction will undoubtably make it harder to negotiate in the future and less likely the driver will be given a break if he or she is ever pulled over again. Additionally, it can affect car insurance and even life insurance rates (or possibly the ability to even be insured at all). It could even result in a bond or probation revocation if that person was under court supervision when he or she received the ticket. It also could result in the loss of a security clearance and even the potential loss of a job, among many other issues discussed throughout the remainder of this book.While it might at first seem like a good idea to “just pay the fine” and avoid the hassle of court, the conviction after paying the fine could and most likely will be held against the driver in the future. There are many consequences to “just paying the fine” that many drivers don’t consider until it is too late. These penalties are discussed in more detail in the following chapters. DO I HAVE TO PAY COURT COSTS?If I don’t go to court, I don’t have to pay court costs, right? I can just pay the fine and be done, right? Again, wrong! Many people think that the easiest thing do is “just pay the fine” instead of going to court to fight a speeding ticket. However, those people are surprised to learn that in addition to the fine, they have to pay court costs-whether they pre-pay the fines or take their cases to court. What Are Court Costs?Court costs are fees that must be paid in addition to fines. They are meant to cover the costs of prosecuting a case. These costs vary depending on the severity of the offense. Court costs are assessed in every case involving:a pre-paid ticket or finea court convictiona court conviction and a failure to appearan extra fee will be assessed for failing to appeara dismissal after completing a traffic school, mature motor vehicle crash prevention course, or driver improvement clinica deferred finding of guilt for eventual dismissal, or a dismissal after proof of compliance with a traffic law (only available for some traffic offenses) Court costs must be paid and cannot be waived. A person must pay court costs even if he or she does not go to court at all and pre-pays a fine for a speeding ticket (or other pre-payable offense). What Is The Difference Between A Fine And Court Costs?A fine is the penalty provided by law for an offense. Court costs, however, are not considered a penalty. They are added as a cost of prosecuting the offense. The amount is based on the charge or the disposition of the charge (the final result).Additionally, a fine can be suspended or partially suspended, but court costs cannot be suspended and must be paid.Do I Have To Pay Court Costs If I Don’t Go To Court?Anyone convicted of a traffic or criminal offense in Virginia is required to pay court costs. Pre-paying the fine for a speeding ticket in Virginia is an admission of guilt which results in a conviction on the person’s driving record (discussed in further detail later in this book). Therefore, pre-paying the fine for a speeding ticket in Virginia (and admitting guilt) will result in a conviction, requiring payment of court costs. Are The Court Costs For Pre-Paying The Ticket The Same As The Costs If I Go To Court? If a driver does not pre-pay the fine, he or she will have to come to court to contest the ticket. If the driver is convicted in court, that person will have to pay whatever fine the judge assesses as well as court costs. If the driver does not show up to court to contest the ticket, the court can try the driver in his or her absence. The driver will most likely be found guilty and will still have to pay the imposed fine and court costs. The court costs are higher if the person fails to appear in court. What Happens If I Don’t Pay Court Costs?If a driver does not pay his court costs on time (as well as any fines), late fees and interest could be added to the payment. Additionally, the payment could be sent to collections which will undoubtedly affect the driver’s credit.Most courts will generally grant an extension for payment if the driver needs it but the driver must request this extension and this usually must be done in person.Do I Have To Pay More Court Costs If I Appeal?A driver can appeal a speeding ticket conviction in Virginia within 10 days of the conviction and the case will go to the Circuit Court for a brand new trial. If the driver is convicted in the Circuit Court, he or she will have to pay higher court costs-especially if the driver requests a jury trial and is convicted. Appeals of traffic cases in Virginia are discussed further later in this book.Courts Costs: The Hidden FineCourt costs are an added surprise when a driver goes to pre-pay a speeding ticket or is convicted in court. They must be paid, so drivers really should just consider them as part of the fine.As we can already see, the penalty for speeding in Virginia is already more than just a fine.DO I HAVE TO GO TO COURT?I got a speeding ticket. Now what? Do I have to go to court?The answer is that it depends.Can I Just Pay The Fine For A Speeding Ticket And Avoid Going To Court?When a driver is charged with speeding in Virginia, there will be a court date written on the ticket. If a driver pre-pays the fine, the driver does not need to appear in court. However, once a driver pre-pays the fine for a speeding ticket in Virginia, the person is convicted and that conviction will go on the person’s driving record, along with DMV demerit points. If a person is in danger of driver’s license suspension because of the points that person already has on his or her record, then maybe that driver should reconsider pre-paying that ticket and instead may want to fight the charge in court. Do I Have To Go To Court If I Do Not Pre-Pay The Fine?Despite the consequences of pre-paying a speeding ticket, if the driver wants to pay the fine and avoid court, he or she must do so within a certain amount of time. Usually, the ticket must be paid at least one business day before court.Drivers should not wait until the last minute to make this decision. Failing to pre-pay the fine means that the case will be on the court’s docket and will be called. Drivers who want to pre-pay the fine for speeding tickets in Virginia but wait too long must go to court. Failing to show up in court could result in additional penalties. A driver who does not pre-pay a traffic ticket and fails to appear in court will most likely be convicted in his or her absence and will still face all of the penalties mentioned above (and throughout this book). However, the judge could impose a higher fine than the pre-payable amount and the driver will have to pay higher court costs for failing to appear. Do I Have To Go To Court If I Want To Fight The Ticket?If a driver wants to avoid the consequences of a Virginia speeding ticket discussed throughout this book, that person needs to go to court (or hire a lawyer to go to court) and fight the charge. Fighting a ticket in court means taking time off work. If that person does not hire an attorney, he or she most likely will be spending significant time trying to learn the law and rules of court in order to effectively fight the case. If a person is paid hourly, he or she is literally losing money-by missing work to go to court as well as by having to pay whatever fine and court costs are assessed if convicted.Do I Have To Go To Court If I Am Charged With Reckless Driving?If a driver is charged with Reckless Driving by Speed, that person cannot pre-pay the fine and must go to court (because it is a misdemeanor and is punished with potential jail time). Failure to appear in court could result in a bench warrant for the person’s arrest, which means an additional criminal charge and additional possible jail time. Bottom LineThe bottom line is that a driver is not required to go to court for most traffic tickets in Virginia, including speeding tickets. However, as discussed throughout this book, there are many other consequences to convictions for speeding in Virginia. If a driver wants to avoid the automatic (and potential) penalties that come with a conviction, he or she will need to go to court or hire a lawyer to go to court and fight the ticket. Additionally, if the driver fails to pre-pay the ticket, he or she must go to court or face harsher penalties. And if a driver is charged with Reckless Driving and fails to appear in court, that person could be arrested.The most important thing for drivers to remember are their options and the consequences for their different choices. WILL I GET DMV POINTS?Yes. Speeding in Virginia is punished with DMV points. These points are automatically added to a driver’s record by the Virginia DMV after a driver is convicted of speeding in Virginia-whether the driver was convicted in court or pre-paid the fine.How Does The DMV Know About My Convictions?Every time a person is convicted of a motor vehicle offense in Virginia, the court sends the conviction record to the DMV. The DMV will then add demerit points to the person’s Virginia driving record.What Are DMV Demerit Points?DMV demerit points are negative points assigned to a driver’s record for unsafe driving behavior. They are points that are taken away from any positive points the driver has. All moving violations in Virginia result in DMV demerit points. The number of demerit points depends on the severity of the offense.DMV points will generally remain on a driver’s record for two years from the date of the offense. They will remain longer if the demerit points caused DMV-imposed driver’s license suspension, revocation, probation, or other action.DMV Points For Speeding In VirginiaDMV points are based on how fast the person was driving:speeding 1-9 miles-per-hour over the posted speed limit 3 demerit pointsspeeding 10-19 miles-per-hour over the speed limit 4 demerit points speeding 20 miles-per-hour or more over the posted speed limit 6 demerit points Reckless Driving by Speed 6 demerit points Can I Get These Points Back?Yes. If a person has a Virginia driver’s license, a driver will earn one safe point (or positive point) on his or her record for every calendar year of driving without any violations, suspensions, or revocations. The most points a Virginia driver can have is +5.A driver can also get 5 positive points by voluntarily taking a driver improvement course. However. the driver may not be able to get these points if the DMV or court ordered him or her to complete this class. It will be up to the court whether the driver can get these points back. Drivers under 18, however, cannot receive 5 positive points if the court or DMV ordered the person to take the class.Additionally, a driver can only get the benefit of these positive points once every two calendar years. A driver can also voluntarily take a driver improvement course to receive a reduction in insurance premiums. But a driver cannot receive a reduction in insurance premiums and five points on his driving record at the same time. A driver will be allowed to take a driver improvement course one year after successfully completing a class to receive the benefit he did not receive the last time.Adult drivers can take a driver improvement course online, but drivers under 20 must take the class and test in person. DMV Penalties For Point AccumulationAccumulating too many demerit points in a short period of time can have drastic consequences for Virginia drivers. The DMV will send warning letters, require a driver improvement course, place the driver on DMV probation, and even suspend a person’s privilege to drive in Virginia. These penalties are discussed below.Advisory LetterThe first penalty imposed by the DMV (which is not really a penalty) is an advisory letter. The DMV will send this letter to drivers who accumulates 8 demerit points in 12 months or 12 points in 24 months. This letter explains that the person will be facing penalties if he or she is convicted of more offenses resulting in DMV demerit points. The letter will list the driver’s convictions and DMV points assessed for each conviction, as well as any safe driving points. Driver Improvement CourseAnother penalty for DMV demerit point accumulation is a mandatory driver improvement course. The course is required if a driver accumulates 12 points in a 12 month period or 18 points in a 24 month period. If the driver does not take the class within 90 days, his or her license will be suspended until the class is completed. Additionally, the driver will then be on DMV probation for 6 months, followed by an 18 month control period.Driver’s License Suspension Or RevocationThe next and worst penalty that can be imposed by the DMV is driver’s license suspension or revocation.Driver’s License Suspension Driver’s License Suspension means that a person’s privilege to drive in Virginia has been temporarily withdrawn and can be reinstated after the suspension period expires. The DMV will suspend a driver for rapid point accumulation, committing a traffic offense resulting in DMV points while on DMV probation, failing to take a required driver improvement class within a specified period of time, or for a Reckless Driving by Speed conviction (if the court ordered license suspension as one of the penalties). These suspensions are discussed in more detail in the chapter related to DMV suspension and revocation in Virginia.Driver’s License RevocationIn more extreme cases, a driver’s license can be revoked by the DMV (usually after convictions for serious traffic offenses). Driver’s License Revocation is a complete termination of a person’s privilege to drive in Virginia. The driver cannot just pay to reinstate his or her license when the revocation period is over. The driver must apply for a license all over again, which will also require knowledge and skills test (in addition to paying a reinstatement fee).The DMV will revoke a driver’s license for a third conviction for a point offense, seat belt or child restraint violation committed when the driver was under 18. The revocation will last for 1 year or until the driver is 18, whichever period is longer.Can I Get A Restricted License If My License Is Suspended Or Revoked?In some instances, drivers can obtain a restricted driver’s license after their licenses are suspended or revoked. A restricted driver’s license is permission granted to a driver whose license has been suspended or revoked that will allow him or her to drive to a limited number of places and only during specific days and times.The restricted driving privileges are outlined in more detail in the chapter discussing driver’s license suspension.ProbationThe DMV will put a driver on probation for 6 months if that person was required by the DMV to complete a driver improvement class. A driver will also be placed on DMV probation if he or she is convicted of committing a traffic offense carrying DMV points while on a DMV control period.Drivers on DMV probation should avoid any more traffic convictions because they will face additional penalties for more convictions resulting in demerit points while on probation.DMV Points While on Probation and License Suspension Drivers convicted of traffic offenses resulting in DMV points while on DMV probation will have their licenses suspended.The suspension period depends on the number of points:3 demerit points 45 day license suspension4 demerit points 60 day license suspension 6 demerit points 90 day license suspensionAfter the driver’s license suspension period ends, the driver will be on DMV probation for an additional 6 months, followed by an 18 month control period.Control PeriodA control period is an 18 month period following DMV probation. If a driver is convicted of an offense carrying DMV points while on a control period, he will be placed on DMV probation again for 6 months. This 6 month probationary period will be followed by another 18 month control period.DMV Penalties For Point Accumulation (Drivers Over Age 18)DMV Points and Penalties:8 points in 12 months (or 12 points in 24 months)advisory letter12 points in 12 months (or 18 points in 24 months)driver improvement clinic DMV probation for 6 months18 month control period18 points in 12 months (or 24 points in 24 months) 90 day driver’s license suspensiondriver improvement class required to have privilege to drive reinstated DMV probation for 6 months18 month control periodDMV Penalties For Point Accumulation For Drivers Under 20Drivers under the age of 20 are subject to different rules regarding DMV penalties for point accumulation.Conviction Of Offense Resulting In Demerit PointsDrivers Under 18If a driver is convicted of committing any traffic offense resulting in demerit points that occurred when he or she was under 18, that driver will be required to take a driver improvement course. The DMV will also require a driver to complete a driver improvement course if that person is convicted of committing a safety belt or child restraint violation when that driver was under the age of 18. Failure to complete the course within 90 days results in driver’s license suspension until the course is completed.A second conviction for committing an offense resulting in demerit points or a safety belt or child restraint violation while the driver was under 18 will result in driver’s license suspension for 90 days.A third conviction for committing an offense resulting in demerit points or a safety belt or child restraint violation while the driver was under 18 will result in driver’s license revocation for one year or until the driver is 18, whichever is longer.In addition to these penalties, the DMV can further penalize drivers under 18 for rapid point accumulation. Drivers under 18 who accumulate 9 demerit points in 12 Months (or 12 points in 24 months) will be required to take a driver improvement course. Failure to take course within 90 days results in driver’s license suspension. The driver will then be placed on DMV probation for 6 months. There are other rules that apply to drivers under 18:they cannot get safe driving points for taking a driver improvement class ordered by the DMV or courtthey must take a driver improvement class and test in person and cannot take the class onlineeven more restricted driving privileges than adults if license is suspended and the driver must show that he or she has no other means of transportationDrivers Under 19Drivers under 19 will be required to take a driver improvement class if convicted of any offense resulting in demerit points (if the offense was committed when the person was under 18). If the driver does not take the class within 90 days, the DMV will suspend his or her driver’s license.Drivers Under 20Drivers under 20 are generally punished the same way for rapid point accumulation as adults are.The only real difference between drivers under the age of 20 and drivers older than 20 (aside from what is discussed above) is that drivers under 20 cannot take a driver improvement course online and must take the class in person. What Happens If I Got Points In Another State?If a person with a Virginia driver’s license is convicted of a traffic infraction in another state, that other state will most likely notify Virginia of the conviction based on the interstate compact, discussed above. The Virginia DMV will take whatever action they would have against the driver had the offense occurred in Virginia. Simply put, Virginia will find out about out-of-state convictions and punish the driver accordingly-whether it is with DMV points or penalties related to rapid point accumulation, up to and including driver’s license suspension or revocation.What If I Don’t Have A Virginia License?Traffic laws in Virginia apply to out-of-state drivers (drivers who do not have a Virginia license) the same way they apply to driver’s with a Virginia license. As a result, the penalties for traffic offenses (court-imposed penalties and DMV-imposed penalties) are the same for Virginia drivers and for out-of-state drivers.Additionally, because of the interstate compact, the Virginia DMV will report the conviction to a driver’s home state if he or she has an out-of-state license. Just like Virginia will find out about out-of-state convictions and punish the driver accordingly, a driver with an out-of-state license will be penalized by his home state as if the conviction for the offense occurred in the other state. The Consequences Of DMV Demerit PointsIt should be obvious that any DMV demerit points in Virginia are problematic. A conviction for a traffic offense resulting in DMV demerit points will negatively impact every driver-the question is, how much?This is why all drivers charged with speeding (or any other traffic offense) should think twice before just pre-paying the fine for the ticket. WILL A CONVICTION GO ON MY DRIVING RECORD?Yes. Speeding ticket convictions will go on your Virginia driving record and will remain there for several years.The DMV monitors court convictions and will take action against drivers who accumulate demerit points. The severity of the action depends on the number of demerit points accrued in specific time periods, as discussed in the previous chapter.How Does The DMV Know About My Convictions?Courts routinely send traffic convictions to the Virginia DMV, whether a person pre-pays a ticket or is convicted of a traffic offense in court. How Long Will A Conviction Be On My Driving Record?The length of time a conviction for a traffic offense stays on a person’s driving record in Virginia is not related to the amount of time the demerit points stay on the person’s driving record. The conviction always remains longer than the points and depends on the severity of the offense.Length of Time on Driving Record for Speeding Convictions:speeding 1-9 miles-per-hour over the speed limit5 yearsspeeding 10-19 miles-per-hour over the speed limit5 yearsspeeding 20 miles-per-hour or more over the speed limit5 yearsReckless Driving by Speed11 yearsremains on criminal record permanentlyHow Does This Affect A Driver?A bad motor vehicle record affects drivers in a number of different ways.A Lot of People Have Access to Driving RecordsA number of people and companies can access a person’s driving record for a variety of reasons.A Police Officer Will See Your Record If You Are Ever Pulled Over In The FutureIf a driver gets pulled over again, for anything, the police officer will run the person’s driving record. The officer will see every traffic conviction, at least within the last several years. Consequently, the more conviction a driver has, the less likely he is to be given a break if pulled over again.The Courts Will See A Driver’s RecordWhen a person goes to court for a driving (or sometimes criminal) offense, the court will see that person’s driving record. The record will include prior convictions, the driver’s point balance, and whether or not the person had a lawyer for each charge. The more negative points a driver has and the worse his or her record, the less likely it is the person will be given a break from the prosecutor or judge. In fact, the judge will probably impose a more severe penalty than he or she would have imposed on someone with a clean driving record. If a driver is in a jurisdiction that does not allow defendants to discuss their cases with a prosecutor, it is just the driver against the police officer in front of a judge. This means that when the person’s case is called, the judge will ask the police officer what happened, what the driver’s record is like, and the driver’s DMV point balance. The worse the record is, the higher the fine will most likely be. And if a person is charged with Reckless Driving and has a bad record, the judge or prosecutor may not cut the driver a break to try to save him or her from having a criminal record if the driver has a bad record. The driver could even face jail time and driver’s license suspension, in addition to a permanent criminal record.If a driver does not show up to court and does not pre-pay the fine, the judge could convict the person in his or her absence. The judge will still, however, want to know the driver’s record and point balance, and will assign a fine accordingly. Probation Officers Will See Your RecordIf you are on bond or probation and are convicted of a traffic violation, your case supervisor can see your driving record. As a result, it is possible that a conviction will result in a bond or probation revocation. This is because one condition of bond and probation is to be of good behavior and violate no laws-including traffic laws. Car Insurance Companies Can See Your RecordIn addition to the courts, insurance companies can and will see a driver’s record. They will see a driver’s record when the person applies for insurance and they even have the ability to see a driver’s record before the policy is up for renewal. Traffic convictions will almost always cause an increase in insurance rates and convictions for some offenses can result in complete loss of insurance or denial of coverage.Life Insurance Companies Can See Driving RecordsAs mentioned in more detail below in the chapter related to life insurance, multiple traffic convictions could prevent an applicant from getting good insurance rates. Additionally, if a driving record is bad enough or if the conviction is bad enough, a life insurance company could determine that a person is completely uninsurable.Employers and Potential Employers Can See Your RecordDrivers can be fired or denied job offers based on bad driving records. This can happen whether or not driving is part of the job description (for example, if the person holds a security clearance).More People Than You Think Can and Will See Your RecordThe moral of the story is that every conviction for speeding in Virginia (as well as most other traffic offenses) will go on a person’s driving record. The goal is to have a driving record that is as clean as possible. Traffic ticket convictions, including speeding convictions, will eventually drop off of a driving record. But until they do, the more that is on your driving record, the more careful you have to be on the road. What If I Do Not Have A Virginia License?Virginia does not have the power to add points to an out-of-state driving record, nor does it have the power to suspend or revoke a person’s out-of-state driver’s license.However, when an out-of-state driver is convicted of a traffic offense in Virginia, that conviction will be sent to the Virginia DMV and go on the person’s driving record in Virginia. The Virginia DMV can and will add points to a driver’s Virginia driving record, even if he or she has an out-of-state license. Virginia also can suspend or revoke an out-of-state driver’s privilege to drive in Virginia. Virginia can also grant restricted driving privileges to a driver whose license was suspended or revoked under the same conditions as a driver with a Virginia license. Most states participate in an interstate compact, meaning that any points or penalties imposed by Virginia will be sent to the driver’s state in which he or she is licensed, and the state will most likely impose the same penalty. This means that a driver cannot just cruise through Virginia, be convicted of speeding, and think that he can just pay the fine (or worse yet ignore the ticket entirely) and think that nothing will happen. That speeding ticket in Virginia, whether paid or not, will follow the driver wherever he or she goes in the country.Long-Term Consequences Of Speeding Convictions On Your Virginia Driving RecordA conviction for speeding in Virginia on a driver’s record will have many more implications that people may have initially thought:It will make negotiating harder in the future.It is less likely you will get a warning from a police officer if you are pulled over again.The fine and penalty may be higher for any future ticket because of your driving record.The conviction results in automatic DMV points.Too many DMV points could result in driver’s license suspension.Other states can see the conviction.Drivers with out-of-state licenses will still be penalized by their home states.The conviction will remain on the driver’s record for several years.Life insurance premiums coverage and premiums could be affected.A bad driving record can affect your ability to get or renew a security clearance.You could be fired or turned down for a job.It could result in bond or probation revocation.Car insurance rates will probably increase. This already amounts to much more than “just a fine.” CAN MY DRIVER’S LICENSE GET SUSPENDED OR REVOKED?A driver’s license will not be suspended for one speeding ticket conviction in Virginia. It will not even necessarily be suspended for 20 speeding ticket convictions. And no, the court does not have the power to suspend a driver’s license for a speeding ticket, no matter how much they may want to. (Reckless Driving, though, is a different story and a driver’s license can be suspended). The problem is accumulating too many DMV Points. The Virginia DMV will suspend a driver’s license for getting too many DMV demerit points on his or her record in a short period of time-and the court cannot do anything to stop it.As discussed previously, when a person is convicted of a motor vehicle offense (or a variety of other offenses), the court will send that information to the DMV. The DMV will then take action, up to and including driver’s license suspension or revocation.This is another reason that anyone charged with speeding in Virginia should consult an attorney experienced in traffic and criminal law. An attorney who focuses on traffic law can tell by looking at a driver’s record if the person is in danger of license suspension (or being punished by the DMV in some other way) for that speeding ticket conviction.Can My License Get Suspended Or Revoked For Speeding In Virginia?One cost of speeding in Virginia that many people don’t think about is possible driver’s license suspension. It is not that one speeding ticket itself that causes the problem, but that conviction in conjunction with any other convictions (and DMV demerit points) the driver has on his or her record.What Is Driver’s License Suspension?Driver’s license suspension is temporarily withdrawal of a person’s privilege to drive. It can eventually be reinstated after the suspension period has expired. In order to reinstate driving privileges in Virginia, a driver must first comply with the terms of his or her suspension, revocation or disqualification and pay a reinstatement fee. The other requirements to get reinstated vary based on the driver’s particular situation.When Will The DMV Suspend A Driver’s License In Virginia?The DMV will suspend a driver’s license for several reasons, including (but not limited to) failing to take a driver improvement class, committing a traffic offense resulting in DMV points while on DMV probation, rapid point accumulation, or for a Reckless Driving by Speed conviction if the court ordered license suspension as one of the penalties.There are a variety of other reasons the DMV could suspend a driver’s license in Virginia, but this book is focusing on suspension related to traffic convictions.Failing To Take Driver Improvement ClassWhen a person accumulates 12 demerit points in 12 months (or 18 points in 24 months), the DMV will require the person to take a driver improvement class. Failure to take the class within 90 days will result in driver’s license suspension until the class is completed. The driver will then be on DMV probation for 6 months, followed by an 18 month control period.Conviction of Demerit Point Offense During ProbationIf a driver is on DMV probation and is convicted of a traffic offense resulting in DMV points, the DMV will suspend his or her driver’s license. DMV Points and Suspension Period3 demerit points = 45 days license suspension4 demerit points = 60 day license suspension 6 demerit points = 90 day license suspension periodThe driver will be placed on DMV probation again for 6 months, followed by an 18 month control period. Rapid Point AccumulationThe DMV will suspend a driver’s license in Virginia for 90 days for accumulating 18 demerit points in 12 months (or 24 points in 24 months). These points can be from speeding tickets or any other traffic offense resulting in demerit points. The driver will also be required to take a driver improvement course and cannot have his or her privilege to drive reinstated until the course is completed. Drivers over 20 can take the driver improvement course online, while drivers under 20 must take the class in person. The driver must also pay a reinstatement fee to the DMV in order to get his or her license back. The driver will then be placed on DMV probation again for 6 months (because he was on probation for point accumulation before having his license suspended), followed by an 18 month control period.Reckless Driving ConvictionDriving 20 miles-per-hour or more over the speed limit (or more than 80 miles-per-hour) can be charged as speeding or Reckless Driving (which is a crime in Virginia). A speeding ticket itself cannot be punished with driver’s license suspension, but, the court can suspend a driver’s license for a Reckless Driving by Speed conviction. What Happens If I Drive While Suspended?A suspended driver’s license should not be taken lightly. If your license is suspended, you are not allowed to drive at all unless you have a restricted license (and even then the places and times that one can drive are very limited). Anyone caught driving on a suspended license can wind up in big trouble.Driving on a suspended license is a Class 1 misdemeanor. It is punished with up to 12 months in jail, a fine up to $2,500, and additional driver’s license suspension without the ability to obtain a restricted license. The Virginia DMV will automatically add 6 DMV demerit points to the driver’s record. The conviction will remain on the person’s driving record for 11 years and on his or her criminal record permanently.A third conviction for driving on a suspended license in Virginia is punished with a mandatory minimum 10 day jail sentence that cannot be suspended. This means that if the person is convicted of a third offense, he or she will be doing jail time and there is nothing the judge can do to change that. The more convictions for driving on a suspended license that a driver has, the more jail time the driver is likely to get. How Do I Get My License Back If It Was Suspended?A driver must pay a reinstatement fee before that person can get his or her license back. Reinstatement fees are higher if the driver was suspended for failing to take a driver improvement class, violation of DMV probation, or for a Reckless Driving conviction.The other requirements to reinstate driving privileges will vary depending on why the driver’s license was suspended. Can My License Be Revoked For Speeding In Virginia?In more extreme cases, the DMV can revoke a Virginia driver’s license (usually after convictions for serious traffic offenses). Driver’s License Revocation means that the person’s privilege to drive is taken away and not subject to renewal or restoration except through reapplication after the revocation period expires. Driver’s license revocation is a complete termination of a person’s privilege to drive in Virginia. The driver cannot just pay to reinstate his or her license when the revocation period is over. The driver must apply for a license all over again, which will also require knowledge and skills test (in addition to paying a reinstatement fee).The DMV will revoke a driver’s license for a third conviction for a point offense, seat belt or child restraint violation committed when the driver was under 18 (in addition to many other reasons which are beyond the scope of this book). The revocation will last for 1 year or until the driver is 18, whichever period is longer.What Happens If I Drive While Revoked?Driving on a revoked license in Virginia is a Class 1 misdemeanor, punished with up to 12 months in jail, a fine up to $2,500, and mandatory additional driver’s license suspension. Additionally, the DMV will automatically asses 6 demerit points when a person is convicted of driving on a revoked license. A third offense for driving on a revoked license is punished with a mandatory minimum of 10 days in jail. A conviction will remain on the person’s driving record for 11 years and on the driver’s criminal record permanently.How Do I Get My License Back If It Was Revoked?A driver cannot just pay to reinstate his or her license when the revocation period is over. The driver must apply for a license all over again, which will also require knowledge and skills test (in addition to paying a reinstatement fee).Can I Get A Restricted Driver’s License If My License Is Suspended Or Revoked?Under some circumstances, drivers can obtain a restricted license if their licenses were suspended or revoked in Virginia.What Is a Restricted Driver’s License?A restricted driver’s license is permission granted to a driver whose license has been suspended or revoked that will allow him or her to drive to a limited number of places and only during specific days and times.Restricted driving privileges are valid only in Virginia and allow you to drive only to:workduring work hours (if approved)rehab or an alcohol safety action programschoolhealth care services for the driver medically necessary care for an elderly parent medically necessary care for anyone with a serious medical condition living in the person’s hometransporting a minor child under the care of the driver to school, day care, or a medical providercourt-ordered visitation with the driver’s childany screening, evaluation and assessment pursuant to a drug deferred disposition programcourt (if the person is a party or required to be present)probation meetingsprograms required by probationplace of religious worship one day per weekany approved appointments with the Division of Child Support Enforcementjail (to serve a sentence if the person was sentenced to weekends or non-consecutive days)for maintenance of an ignition interlock by an approved facility, or a job interviewThese places DO NOT include: the grocery store, fast food restaurants, the gym, etc. If your license is suspended, you need to either walk, take some sort of public transportation, order groceries online, or make other arrangements. Food, while a necessity, is not considered an emergency allowing you to drive if your license is suspended. As we can clearly see, the list of places a driver can go with a restricted driver’s license is very limited.A restricted driver’s license is just that-restricted. The application must be very specific, and a driver can only drive within the time limits contained in the application that the judge approved. The slightest deviation could result in an additional criminal charge.Juvenile drivers have even tighter restrictions on when and where they can drive (only to work and school, and they must demonstrate that they have no other means of transportation in order to obtain a restricted license).Drivers need to be very careful if they are even lucky enough to get a restricted license. They are subject to severe limitations as well as penalties for any deviations or getting into further trouble. For example, if the driver was granted a restricted license as a result of a suspension for accumulating points while on DMV probation and commits another offense resulting in demerit points, his or her license will be suspended again. The license suspension period will be 45 days for a 3 point offense, 60 days for a 4 point offense, and 90 days for a 6 point offense. Additionally, if the DMV learns that the driver was issued a restricted license by a court while the driver has a restricted license from the DMV (because of a traffic conviction committed while the driver was on DMV probation), the DMV will cancel the person’s restricted license. The driver will again be suspended by the DMV for the remainder of time of the original suspension. The DMV-imposed period of suspension must end before any court-granted restricted license will be effective.What Happens If I Drive to a Place Not Allowed by My Restricted License?Driving in violation of a restricted license is a crime. It is punished with up to 12 months in jail, a fine up to $2,500, and automatic driver’s license suspension for 12 months and the driver cannot get a restricted license at all during those 12 months even he or she previously was granted one. It is also punished with 6 DMV demerit points that will remain on the person’s Virginia driving record for 11 years and on his or her criminal record permanently. A third conviction for driving in violation of a restricted license within a 10 year period is a Class 6 felony, punished with up to 5 years in prison and a fine up to $2,500. What If I Do Not Have A Virginia License?If a driver commits an offense requiring suspension or revocation in Virginia but has an out-of-state license, Virginia can only suspend or revoke that person from operating a motor vehicle in Virginia. Virginia can grant restricted driving privileges to nonresidents under the same parameters as they do with residents.However, because of the interstate compact, the driver’s home state will most likely find out about any action Virginia took and take similar action.What If I Was Suspended Or Revoked In Another State?If a driver’s license was suspended or revoked in another state, the driver must comply with all of the other state’s requirements of the suspension or revocation and then reinstate his driving privileges in that state before the driver can get a driver’s license in Virginia.If a Virginia driver is suspended or revoked in another state, Virginia will take the same action as if the offense had occurred in Virginia. Put another way, if a Virginia driver is convicted in another state of an offense that would cause license suspension or revocation in Virginia, the DMV will suspend that person’s license in Virginia. How Does Having A Suspended License Hurt Me, Really?You might think to yourself, ok, I can’t drive for awhile. No big deal. Or you many have been lucky enough to get a restricted license. Great! You can go to work. No big deal. But it is a big deal. For one thing, many people are surprised to learn that traffic matters in Virginia can become criminal very quickly. If a driver’s license is suspended or revoked for any reason, the person is not allowed to drive for the entire period of the license suspension or revocation (unless he or she gets a restricted license). Many people drive anyway after their licenses have been suspended. This is a big mistake. If a person is caught driving on a suspended license, he or she will be charged with a crime. This very often happens when a person is pulled over for a “minor” traffic infraction and then the officer discovers your privilege to drive in Virginia was suspended when he or she runs your driving record. If the person has a restricted driver’s license and is driving outside of the restrictions granted, this is also considered driving on a suspended license. Driver’s license suspension, revocation or disqualification is bad for a number of reasons including:You can’t drive to work.Even with a restricted license, you can’t go anywhere they want to go.The DMV could require that you take a driver improvement class.The DMV could suspend your driver’s license again for accumulating too many points.Car insurance payments can go up.You could even lose your car insurance. You could be fired.You could have trouble getting life insurance.A security clearance could be in jeopardy.It will cost more money to get your license back.Drivers who are revoked will have to take a test again to get reinstated.A conviction for driving on a suspended or revoked license will result in 6 DMV demerit points.The conviction for driving while suspended or revoked will be on a person’s driving record for 11 years.A conviction for driving while suspended or revoked will remain on the person’s criminal record permanently.A driver can go to jail if convicted for driving while suspended or revoked. A conviction for driving in violation of a restricted license is a crime.A conviction for driving while suspended or revoked will result in automatic driver’s license suspension again and a driver cannot get a restricted license.The costs of that speeding ticket are starting to add, aren’t they?WILL SPEEDING TICKETS IN VIRGINIA IMPACT OUT-OF-STATE DRIVERS?Virginia does not have the power to affect my driving record in another state, right?Wrong! Virginia cannot directly add points to or report a conviction on an out-of-state driver’s record. Virginia also cannot suspend or revoke a driver’s out-of-state license or disqualify a driver from operating a commercial motor vehicle in another state. However, Virginia courts will report all traffic convictions to the Virginia DMV. As a result, a conviction will go on the person’s Virginia driving record-even if the person does not have a Virginia driver’s license. The Virginia DMV will then act accordingly-whether that is by assigning points for the conviction or even suspending or revoking a person’s privilege to drive in Virginia. If Virginia suspends or revokes the driving privileges of an out-of-state driver, the driver can get a restricted license allowing to him or her to drive in Virginia under the same conditions as a driver with a Virginia license. Ok, so this only affects me in Virginia, right?Again, wrong! Most states participate in an interstate compact. When a driver is convicted of a traffic offense in one state, that state will send the information to the driver’s home state (the state in which the driver is licensed). The home state will then impose the penalty they would have imposed if the offense was committed in that state. What happens in Virginia doesn’t stay in Virginia. Any driver convicted of speeding (or any other traffic offense) in Virginia will have to deal with the effects of that conviction potentially anywhere he goes in the country.WILL MY CAR INSURANCE GO UP?Yes. Car insurance rates will almost always increase after speeding and Reckless Driving by Speed convictions in Virginia. The question is, how much?Insurance is all about risk, and an insurance company will determine rates based on the risk that the driver will get in an accident, make claims in the future, or the risk the insurance company will have to pay out for injuries or death. Car insurance companies can and will find out what is on a person’s driving record. They can look at a driver’s record at any time (but usually when policies are up for renewal), when policy holders make a claim, or policy holders are looking to make changes to their policies. Once a driver is convicted and the court sends the conviction record to the DMV, the driver’s insurance company most likely will find out about it. It is not so much DMV points that cause premium increases, but the fact the driver was convicted of any traffic offense. If the offense is serious enough, the carrier can even completely drop the insured person-meaning the driver will lose his or her insurance.Whether and how much the conviction affects an individual driver’s insurance will depend on many factors including (but not limited to) the person’s overall driving record, history with the company, number of years the person has been driving, the type of car the person drives, the number of prior moving violations, where the person lives, how often the person drives, the length of time the person has been with the company, credit score, gender, the person’s history of continuous insurance coverage, and history of accidents, claims, suspensions or revocation. Additionally, the insurance company can look at whether the speeding ticket (or any ticket) was a first offense, the amount of time between moving violations on the person’s driving record, the number of miles-per-hour over the speed limit the person was driving, and where the speeding or other traffic offense occurred, among other things. Certain factors will be more important to some insurance companies than others. And if a person is looking to get new insurance or make changes to his or her policy, the premiums will be higher if the driver has recent speeding ticket convictions.Some traffic convictions can even make people completely uninsurable. An insurance company may also refuse to renew an insurance policy if a driving record is bad enough-for example, if the has too many moving violations or violations that the insurance company deems to be risky behaviors. Like anything in life (and the law), it is not necessarily just one speeding ticket that will destroy a driver’s record and cause the person to lose his or her insurance. Multiple traffic convictions (for speeding or anything else) will have an effect on a driver’s insurance costs. Some insurance companies may view drivers with speeding convictions to be high risk drivers and increase the insurance premiums on that basis alone even if the speeding did not involve an accident and there was no claim made.Other insurers may not increase premiums at all after a speeding conviction if the person has a good driving record, a long history without problems or claims, or it is a true first offense. However, it is rare that a conviction for speeding or another moving violation will not affect a driver’s car insurance rates.Every insurance company has different rules about what will cause premium hikes and even possible loss of insurance coverage altogether. Additionally, insurance companies can differ on how much weight to give certain factors when determining whether to issue or renew a policy. The one thing that is common to all insurance companies, though, is that a conviction for a traffic offense (including a speeding ticket) will almost always cause a driver’s rates to go up. And if the offense is serious enough, the insurance carrier can drop the insured person completely. Even if that one conviction does not result in an increase in premiums, it will remain on the driver’s record with the insurance company and may have an effect if the person makes a claim in the future or receives another ticket. If the driver does not get any more traffic tickets, then after a few years the payments will probably go down again. In general, the longer a person drives, the more likely he or she is to receive a reduction in insurance costs. This is, of course, if the person has a good driving record with minimal convictions or claims. Will My Employer’s Insurance Rates Go Up Because Of My Speeding Conviction?If a person must drive for work, having a clean or good driving record is very important. A company’s insurance could and most likely will go up if any of their drivers are convicted of traffic offenses or if they are involved in accidents. This can happen whether the traffic offenses or accidents occurred while driving company vehicles or their own personal vehicles. As a result, the driver could be removed from driving a company vehicle or worse yet, lose his or her job.If driving a company vehicle is a required part of a person’s job duties, that person should think long and hard before just paying a speeding ticket or admitting guilt to Reckless Driving in court. Will Car Insurance Go Up More For Younger Drivers Convicted Of Speeding In Virginia?Yes. Car insurance is more expensive for teens and younger drivers to begin with, and even more so if they have traffic convictions. If a driver under 20 is convicted of speeding in Virginia (or any other traffic offense), his or her car insurance rates will go up. As with adult drivers, insurance companies will take into consideration a number of different factors when granting (or cancelling) a policy and determining rates. The driver’s age, history of driving, history with that insurance company, and driving record are just a few of many considerations the insurance company will examine. However, a younger driver will without a doubt see drastic increases in his or her insurance rates after any traffic convictions.And it is usually the young driver’s parents who are paying for the insurance and will have to deal with the increase in bills (not to mention the cost of paying a lawyer, paying for a driver improvement class, and potentially paying a driver’s license reinstatement fee, in addition to the obvious cost of paying the fine.Long-Term Costs Of Speeding On Insurance Rates The cost of increased insurance premiums is almost a given for any driver convicted of speeding in Virginia, and the effects of that conviction will be felt more by younger drivers and people who must drive for work. Multiple convictions will most likely raise the person’s rates even more. If a person’s driving record is bad enough (in the insurance company’s opinion) that driver could completely lose his or her coverage. If the driver is able to find coverage with another company, the driver can be sure that the rates will be higher than he or she paid in the past. This could be catastrophic for someone who needs to drive for work, has no other means of transportation, and cannot afford these increased payments.The costs of paying that one ticket (and hence the conviction) continue to add up. WILL A SPEEDING TICKET AFFECT MY LIFE INSURANCE?When people think about life insurance, they think about medical conditions and pre-existing risk factors. Most people do not think about their driving records. Why would anyone look at my driving record when deciding to give me coverage for life insurance? I just had a few tickets-no big deal, right? Wrong!It is a big deal. People with convictions for moving violations on their driving records may have problems getting life insurance. Even a few moving violations (such as speeding or speeding combined with other moving violations) within a certain period of time can result in increased insurance premiums, reduced coverage, and potentially denial of coverage completely. As stated above, insurance is all about risk. Insurance companies may look at individuals with bad driving records as a high risk to insure because they engage in risky behavior which may ultimately result in an earlier death. This means the life insurance company would have to pay out on the policy sooner. A life insurance application will ask about a person’s driving record and criminal history (among many other things) because the insurer will want to know about any recent traffic or criminal convictions. Speeding, Reckless Driving, driver’s license suspensions and revocations, DUIs and DWIs, other traffic offenses, certain criminal convictions (including those related to drugs and alcohol) and felonies will all have an impact on life insurance coverage and cost. Traffic and criminal convictions most likely will not affect a driver who already has a policy (unless the person tries to change his policy or coverage). These convictions will, however, affect the quoted premiums and available coverage for a person trying to obtain life insurance. The number, recency, and severity of convictions can all be taken into consideration.Sometimes, the person may be completely uninsurable-this means that the life insurance company will not insure them at all. In the alternative, the individual may be offered insurance, but at a higher premium or with less coverage than the person wanted.The increased cost of life insurance, even for an otherwise completely healthy person, is an often overlooked cost of speeding convictions and another example of why speeding in Virginia can and will result in more than just a fine if convicted.Could I Be Sued?Another reason to be leery about pre-paying the fine for a speeding ticket or admitting guilt in court is that the admission can be used against you in a lawsuit. If a driver pleads guilty, no contest (there is enough evidence to find the person guilty but the person is not admitting guilt), or pre-pays the fine for a speeding ticket, that conviction can be used as evidence against the driver in a civil lawsuit (if the person was sued because of a car accident). A plea of guilty or no contest can even be used against the driver if he or she is suing another person because of a car accident or property damage.This is another reason why any driver charged with speeding should think twice before pre-paying the fine or going to court and admitting guilt in any way.Could My Bond Or Probation Be Revoked Because Of A Speeding Ticket?Surely a speeding ticket will not affect a person who is on bond or probation. It is just a speeding ticket, right?Wrong!When a person is charged with a crime in Virginia and arrested, that person will either be held in jail or released on bond. After a person is convicted of a felony (and even some misdemeanors), the person will most likely be on probation. Probation can be active or inactive. The main difference is that if the person is on active probation, he or she will have more requirements as part of probation. A standard condition of both bond and probation in Virginia is that the person must be of good behavior and not break any laws (along with other conditions). Violating this condition could result in a revocation of bond or probation. If bond is revoked, this means the person could be held in jail without bond until his or her court date and could be charged with contempt of court for failing to comply with bond conditions. If a person is charged with violating the terms or conditions of probation, he or she could be charged with a new, separate offense of a probation violation and that person faces jail or prison time if convicted of this violation. If probation is revoked, the person faces some or all of the time from his or her sentence that was previously suspended.Is it likely that someone’s bond or probation will be revoked because of a traffic ticket? Probably not. However, it could happen and drivers should be aware of this possibility, especially if they were ordered to be of good behavior for any reason.IS SPEEDING EVER A CRIME IN VIRGINIA?Many drivers are surprised to learn that speeding can sometimes be a CRIME in Virginia. Driving 20 miles-per-hour or more over the speed limit or driving more than 80 miles-per-hour is a form of?Reckless Driving?in Virginia, which is a crime-NOT a traffic infraction.?This means that a conviction for Reckless Driving by Speed in Virginia will go on a driver’s permanent criminal record because criminal convictions in Virginia can never be expunged.What Is The Difference Between Speeding And Reckless Driving By Speed In Virginia?Speeding in Virginia is a traffic infraction, but Reckless Driving in Virginia is a crime. Speeding is punished with a fine up to $250 (subject to limited exceptions for increased fines). Reckless Driving is punished with up to 12 months in jail, a fine up to $2,500, driver’s license suspension, and other penalties.Since Reckless Driving is a crime, the driver MUST come to court to handle the charge. The driver CANNOT pre-pay a fine for a Reckless Driving charge like he or she can for a speeding ticket. Failure to appear in court could result in an additional criminal charge.The reason there is a difference between?speeding and Reckless Driving by Speed?in Virginia is the likelihood of injury to other users of the road caused by driving at such excessive speeds.How Does The Commonwealth Prove A Reckless Driving Charge? ?A person can be charged with Reckless Driving by Speed in Virginia by:drivinga motor vehicleon a highway in the Commonwealth20 miles-per-hour or more over the posted speed limit or more than 80 miles-per-hourThe police use the same tools to measure a driver’s speed for a Reckless Driving charge as they do for a speeding charge (discussed in the introduction).Penalties For Reckless Driving By Speed In VirginiaReckless Driving in Virginia?is a?Class 1?misdemeanor.?It is punished with jail, fines and court costs, driver’s license suspension, DMV demerit points, and possible enrollment in the Virginia Alcohol Safety Action Program (ASAP).?There are also increased penalties for Reckless Driving by Speed in Virginia if the driver was texting while driving. The worst penalty is a permanent criminal record. There are also several, intangible consequences to Reckless Driving by Speed in Virginia that many drivers do not think about.All of these penalties are discussed below.JailYes, jail. Reckless Driving by Speed in Virginia is a Class 1 misdemeanor and is punished with up to 12 months in jail. The higher the driver’s speed, the more likely it is that he will be sentenced to jail time.Most people will not go to jail for a first offense Reckless Driving. However, it is a possible penalty, and a person charged with Reckless Driving by Speed in Virginia should always consult a local attorney about what the judges in that particular jurisdiction are likely to do with cases involving high speeds.A person can be sentenced to active jail time or suspended jail time. Active jail time means a sentence a person must actually serve in jail, whereas a person will not have to serve any time of a suspended jail sentence so long as he or she complies with certain terms and conditions imposed by the court. Failing to abide by the terms and conditions of a suspended sentence could result in imposition of some or all of the suspended jail time.Fines and Court CostsReckless Driving by Speed in Virginia can be punished with a fine up to $2,500. There is also a mandatory minimum fine of $250 if a person charged with Reckless Driving is also found to be in violation of the statute prohibiting the use of handheld communication devices (texting, emailing, reading a text or email while driving or holding a cell phone in his or her hand in a highway work zone). ?The driver will also have to pay court costs if convicted.Driver’s License SuspensionA driver’s license can be suspended for up to 6 months for a Reckless Driving by Speed conviction in Virginia.?If the driver’s license is suspended, he or she cannot drive AT ALL. If the person is caught driving on a suspended license, the driver can be charged with Driving on a Suspended License (Va. Code §46.2-301). This charge is a CRIME in Virginia and is punished with up to 12 months in jail, a fine up to $2,500, and MANDATORY further driver’s license suspension.However, the judge may grant a driver’s request for a restricted driver’s license. A restricted license would allow the person to drive to certain places during the period of license suspension.Driving in violation of the restrictions is a serious offense and will be treated as Driving on a Suspended License. However, it will be charged under a different Driving on Suspended statute (Va. Code §18.2-272), whose penalties are more severe. If convicted, the person’s driver’s license will be automatically revoked for an additional 12 months and the person will not be able to obtain a restricted driver’s license AT ALL during this time. Additionally, the driver faces up to 12 months in jail and a fine up to $2,500. A third violation of this statute within ten years is a Class 6 felony, punished with up to 5 years in prison. Suspended licenses, restricted licenses, and driving on suspended license charges are discussed in more detail in the chapter discussing driver’s license suspension and revocation.For many drivers, losing the ability to drive may be a worse penalty than jail time. Not only does it result in the loss of freedom to drive whenever and wherever the person chooses, but the restrictions on driving for work purposes could be catastrophic, not to mention the penalties for driving in violation of any restrictions, discussed above.DisqualificationFor anyone with a Commercial Driver’s License (CDL) a Reckless Driving conviction could be a big problem. A CDL holder could be disqualified (banned) from operating a commercial motor vehicle for a history of serious traffic violations (including Reckless Driving). If a CDL holder is disqualified, he cannot get a restricted driver’s license to operate a commercial motor vehicle and therefore will be unable to work during the period of disqualification.DMV Demerit PointsThe DMV will add?6 demerit points?to the driving record of anyone convicted of Reckless Driving by Speed in Virginia. Virginia Driving RecordA conviction for Reckless Driving by Speed in Virginia will remain on a person’s Virginia driving record for 11 years. VASAP ReferralIf the court believes that the Reckless Driving by Speed charge was alcohol or drug-related, it may order the driver to complete the Virginia Alcohol Safety Action Program (Virginia ASAP) as a condition to have his or her driving privileges reinstated. Criminal RecordReckless Driving by Speed in Virginia is a crime. Criminal convictions-no matter how minor-will remain on a person’s permanent criminal record and can never be expunged.For the rest of the person’s life, if a job application asks, have you ever been convicted of a crime, the driver must answer “yes.”Other Consequences of Reckless Driving by Speed in VirginiaThere could be many additional, collateral consequences to a driver convicted of Reckless Driving in Virginia (in addition to all of the penalties discussed above). The driver’s car insurance premiums will most likely go up and if the driver’s record is bad enough, the driver could lose his or her insurance coverage. The person could have trouble getting life insurance at the best rates or with the best coverage (or possibly at all). Educational and employment opportunities could be impacted because you now have a criminal conviction. Your security clearance could be in jeopardy (or the opportunity to get one). You could lose your job or have trouble getting a new one either because of the specific offense that is now on your driving record or because you have anything on your driving or criminal record. There also could potentially be immigration consequences for anyone who is not a United States citizen.The costs of a Reckless Driving conviction (a criminal conviction) in Virginia could go on and on. COULD I LOSE MY SECURITY CLEARANCE?Will a person lose a security clearance because of one speeding ticket? Not likely. However, multiple traffic convictions or criminal allegations could be used to deny or revoke a security clearance. The reason is that these offenses may demonstrate a pattern of behavior reflecting poorly on judgment, character or honesty. This book is by no means meant to go into detail about the security clearance process. The point of this section is to bring attention to the fact that a simple speeding ticket might not be so simple when applying for-or renewing-a security clearance. This chapter may be of particular interest to those working in (or driving through) Northern Virginia.What Is A Security Clearance?A security clearance is a special status which allows a person to access classified national security information or restricted areas. There are three levels of security clearance in the United States: Confidential, Secret, and Top Secret. A security clearance can be granted to an individual after a thorough background check to ensure the person is an acceptable security risk.Anyone who has a security clearance must go through a regular renewal process during which he or she is re-investigated. Checks can be done at any time and are conducted by examining any information that is lawfully available to security officials. Individuals with security clearances should know the process for renewal. A security clearance can be revoked at any time.Unfortunately, the person conducting a security clearance background investigation most likely will not know of all of the good things in a person’s history or how great of a contribution the person makes to society. He or she most likely will only know the bad things. The reviewer can use all available, reliable information when conducting a background check. Any publicly available information can be accessed and considered in conducting these investigations.What Will The Evaluator Look At When Determining Security Clearance Eligibility? There are a number of factors that can impact approval or renewal of a security clearance. When determining eligibility for a security clearance, the reviewer uses the following criteria: stability, trustworthiness, reliability, discretion, character, honesty, judgment, and unquestionable loyalty to the United States. Additionally, the Federal government uses 13 guidelines when granting or renewing a security clearance. Most of the guidelines are beyond the scope of this book. However, the ones that are most pertinent to speeding and traffic offenses include personal conduct and criminal conduct, discussed below.Personal ConductThe denial or revocation of a security clearance can be based on poor “personal conduct” by refusing to follow society’s norms and rules. The “personal conduct” guideline covers a lot of factors that don’t fit neatly into the other guidelines. It also could include multiple instances of conduct that may technically be considered violations of the other guidelines but do not rise to the level of clearance denial under those guidelines. Examination into the individual’s personal conduct includes looking for instances of questionable judgment, reliability, dishonesty, and an inability or unwillingness to follow rules and regulations. Issues in these areas could show an inability to protect classified information. A pattern of rule violations can be considered when evaluating an individual’s personal conduct in determining clearance eligibility. A history of traffic convictions (for speeding or anything else) could demonstrate a pattern of rule violations. If a person has been involved in multiple incidents that by themselves won’t cause denial of a clearance, the reviewer can look at the conduct as a whole when determining security clearance eligibility. Usually, one traffic ticket will not result in security clearance denial. However, combining all of the person’s prior conduct (or misconduct) can add up to a denial or refusal to renew a clearance based on a pattern of rule breaking behaviors. So, it is not simply the traffic ticket that could cause a problem, but that ticket considered with everything else in the person’s background, including the number of prior tickets, the frequency with which the person was charged with traffic offenses, and whether the event is likely to recur, among other considerations.Criminal ConductCriminal conduct clearly can impact a security clearance. Criminal allegations-even if uncharged-are problems for anyone seeking to obtain or renew a clearance. Criminal charges (and even accusations) can raise doubt about an individual’s ability to follow rules and could reflect negatively on a person’s judgment, reliability, or trustworthiness. Evidence of criminal conduct can include matters of public-even if the person was not convicted. It also could include admissions and simply allegations of criminal conduct that don’t even result in charges. This means that even an accusation of criminal conduct will be investigated during the application or renewal process, even if the police never charged the individual with a crime.Reckless Driving in Virginia is a criminal charge and, consequently, can be used against someone seeking to renew his or her security clearance (or someone applying for one) even though driving at those speeds in another state might not be considered a crime. Other FactorsEvery case is individually analyzed using the National Security Adjudicative Guidelines. There is no bright line rule. In addition to what is mentioned above, the evaluator can look at factors other than a final conviction, including the likelihood of recurrence or continuation of the behavior, the circumstances surrounding the behavior and incident, and the nature, extent, and severity of the behavior. Evaluators also may look at mitigating factors, including the length of time that has passed/elapsed since the offense, the frequency of the behavior (how often the individual gets a traffic ticket), and the circumstances surrounding the act which could explain otherwise questionable behavior to determine that the offense is not likely to happen again and does not “cast doubt on the individual’s reliability, trustworthiness or good judgment,” among other considerations. What Must Be Reported?An individual with (or applying for) a security clearance needs to know his or her reporting requirements. It is important to read exactly what must be reported and follow any rules and directions about reporting traffic offenses, fines, and criminal charges or allegations. Anyone with a security clearance also should be aware of the fine reporting amount for his or her particular clearance level or agency before going to court or before just pre-paying a fine. A fine for a traffic violation sometimes must be reported in a security clearance application or renewal process (depending on the amount of the fine), even if the offense itself might not need to be reported. This is important because what might seem like a good outcome (for example, a reduced charge) could still pose problems if the amount of the fine is high enough to trigger reporting requirements-or worse, is not reported and discovered. The Big PictureCertain offenses, infractions and other behaviors must be reported when applying for or renewing a security clearance. Failure to do so will most likely be worse in the long run than reporting and explaining them. Nothing in this world is secret anymore (no pun intended) and any indiscretions will most likely be uncovered during the security clearance background investigation. Again, it is very important that if you have a security clearance you familiarize yourself with your individual reporting requirements. A bad driving record could be problematic for anyone applying for (or renewing) a security clearance because a history of traffic convictions could demonstrate a pattern of rule violations that put a security clearance in jeopardy. Multiple citations could reflect poorly on one’s character and judgment. Perhaps most importantly, failing to report them (if they must be reported) can call an individual’s honesty into question.Criminal convictions could be even more problematic. As we have seen throughout this book, traffic matters can quickly become criminal. A criminal allegation can be used against the person during the application or renewal process, even if the person was never even convicted.Traffic tickets should not be taken lightly by anyone with a security clearance. If this applies to you, perhaps you should think twice about pre-paying the fine for a speeding ticket or other offense. Pre-paying the fine and admitting guilt to the offense could cause issues when it is time to renew your clearance, even if it is not an issue at the time you get the ticket.If you have a security clearance and get a traffic ticket (or worse yet a Reckless Driving charge), you should immediately consult with an attorney and discuss your case. An attorney needs to know the possible effects on your security clearance as soon as possible in order to help get you the best result for your particular situation. Perhaps a guaranteed outcome with a reduced charge and fine that falls below the reporting requirement would be better than risking a trial that would likely lead to a conviction with a higher fine, requiring it to be reported.You also should tell your attorney your history relating to traffic and criminal charges. That one ticket may not itself affect a clearance, but that ticket combined with prior issues could cause a problem if an investigator sees a pattern.This is not meant to scare anyone. Everyone understands that people make mistakes. Mistakes can be explained or balanced out. It is just important to be aware of the consequences to a security clearance of not simply speeding tickets, but when those speeding tickets turn into criminal issues or are part of a what would be considered a pattern of rule violations.COULD I LOSE MY COMMERCIAL DRIVER’S LICENSE?Potentially, yes.A driver will not lose a Commercial Driver’s License (CDL) because of one speeding ticket. The problem comes when the driver accumulates multiple “serious traffic violations.”CDL holders could be disqualified from operating a commercial vehicle as a result of convictions for serious traffic violations. This might seem like a harsh penalty, but CDL holders have very strict requirements with which they must comply to continue operating commercial motor vehicles.There is a long list of other laws dealing with commercial drivers and disqualification, but delving into all of them is beyond the scope of this book. This chapter is simply meant to illustrate the challenges CDL holders could face after speeding and Reckless Driving convictions in Virginia.What Is A Commercial Driver’s License?A Commercial Driver’s License (CDL) authorizes a person to operate a commercial motor vehicle of the class and type and with the restrictions indicated on the license.A commercial motor vehicle is “every motor vehicle, vehicle or combination of vehicles used to transport passengers or property which either: (i) has a gross vehicle weight rating of 26,001 or more pounds; (ii) has a gross combination weight rating of 26,001 or more pounds inclusive of a towed vehicle with a gross vehicle weight rating of more than 10,000 pounds; (iii) is designed to transport 16 or more passengers including the driver; or (iv) is of any size and is used in the transportation of hazardous materials as defined in this section. Every such motor vehicle or combination of vehicles shall be considered a commercial motor vehicle whether or not it is used in a commercial or profit-making activity.”Can I Be Disqualified From Driving a Commercial Motor Vehicle For Speeding In Virginia?CDL holders can be disqualified from operating a commercial motor vehicle for too many serious traffic violations within short periods of time. Usually the disqualification is for a specific time period, but a driver could be disqualified for life for certain serious offenses.What Is Disqualification?Disqualification applies to drivers with Commercial Driver’s Licenses in Virginia and is similar to driver’s license suspension or revocation. Disqualification results in a temporary (or even permanent) prohibition from operating, driving, or being in physical control of a commercial motor vehicle for a specified period of time. If the underlying offenses causing disqualification are serious enough, it can result in complete termination of the driver’s ability to operate a commercial motor vehicle.Disqualification will prohibit a driver from operating a commercial motor vehicle, but will not have any effect on his or her ability to operate a noncommercial motor vehicle. This means the person can still drive his or her personal motor vehicle. However, if the DMV suspends or revokes a driver who also has a commercial driver’s license, that driver will be penalized like any other driver who is suspended or revoked. How Could I Be Disqualified?A CDL holder can be disqualified from operating a commercial motor vehicle for a variety of reasons, including multiple “serious traffic violations”. The driver can be disqualified if the offenses were committed while the person was driving a commercial motor vehicle or if the person was driving a noncommercial motor vehicle. Speeding more than 15 miles-per-hour over the speed limit and Reckless Driving are just a couple of the many offenses considered serious traffic offenses that, combined with convictions for other offenses, could result in disqualification from operating a commercial motor vehicle.What Are Serious Traffic Violations?The following offenses are considered “serious traffic violations” for purposes of CDL disqualification if committed while the person was operating a commercial motor vehicle:speeding 15 miles-per-hour or more over the speed limitreckless drivingviolation of a motor vehicle traffic control law in connection with a fatal accidentimproper/erratic lane changefollowing too closelydriving a commercial motor vehicle without obtaining a CDL or commercial learner’s permitdriving a commercial motor vehicle without a CDL or commercial driver’s permit in the person’s immediate possessiondriving a commercial motor vehicle without the proper class of CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transportedviolation of a texting while driving lawviolation of a handheld device lawThe following offenses are considered “serious traffic violations” if committed while a CDL holder was operating a noncommercial motor vehicle if the conviction (by itself or combined with other convictions related to CDL disqualification) resulted in suspension, revocation, or cancellation of the person’s driving privileges:speeding 15 miles-per-hour or more over the posted speed limitreckless drivingviolation of a motor vehicle traffic control law in connection with a fatal accidentimproper/erratic lane changefollowing too closelyThere are a variety of other reasons that a CDL holder could be disqualified from operating a commercial motor vehicle, but this book is only focusing on offenses related to speeding.What Happens If I Am Disqualified? If a CDL holder is disqualified, that person will be prohibited from operating, driving, or being in physical control of a commercial motor vehicle. This means the driver will most likely not be able to work because that person’s job is literally to drive. How Long Will a CDL Holder Be Disqualified?A CDL holder will be disqualified from operating a motor vehicle for 60 days if the driver was convicted of 2 serious traffic violations within a 3 year period. A CDL holder will be disqualified from operating a commercial motor vehicle for 120 days if the driver was convicted of three or more serious traffic violations within a 3 year period.A CDL holder can be disqualified for life if the driver was convicted of 2 or more violations of certain offenses, one of which includes driving while disqualified.Can I Get A Restricted License If I Am Disqualified?CDL holders cannot get restricted licenses to operate commercial motor vehicles, but they can get restricted licenses to operate their personal vehicles. This means that the driver cannot drive at all for work purposes during the period of disqualification. If the driver was suspended or revoked, that person can get a restricted license if he or she is otherwise eligible, allowing the person to driver his or her personal vehicle only. The restricted license will not allow the person to operate a commercial motor vehicle.What If My CDL Is From Another State?Because of the interstate compact (discussed previously), the Virginia DMV will report any traffic convictions to the state in which a driver is licensed and that state will treat the conviction as if it had occurred in that state. This means that a CDL holder who is licensed in another state will most likely be penalized by his home state for any Virginia convictions.What If I Was Disqualified in Another State?Virginia will also recognize actions other states take and respond accordingly (in terms of DMV penalties). This means that if a Virginia CDL holder committed offenses outside of Virginia that would have led to disqualification in Virginia, Virginia will impose the penalties they would have imposed had the offenses occurred in Virginia. What Happens If I Drive While Disqualified? Driving while disqualified is a crime and is punished with jail, fines, and an additional disqualification period. A first offense is a Class 2 misdemeanor and is punished with up to 6 months in jail and a fine up to $1,000. A second offense is a Class 1 misdemeanor and is punished with up to 12 months in jail and a fine up to $2,500. A conviction will result in 6 DMV demerit points and the conviction will remain on the person’s driving record for 11 years, but will remain on his criminal record permanently.In addition to potential jail time and a fine, the driver will then have another automatic additional period of disqualification imposed by the DMV. The driver will be disqualified for 1 year if he was convicted of driving a commercial motor vehicle while disqualified. The driver will be disqualified for 3 years if he was driving a commercial motor vehicle while disqualified and was transporting hazardous materials. A CDL holder will be disqualified from operating a commercial motor vehicle for life if he or she is convicted of 2 or more violations of certain specified offenses, one of which includes driving while disqualified. Can I Appeal A Disqualification?A CDL holder may be able to appeal a disqualification, but will remain disqualified while the appeal is pending.How Can I Get My License Back If I Was Disqualified?After the period of disqualification is over, a CDL holder can reinstate his or her privilege to operate a commercial motor vehicle. The driver must pay a reinstatement as well as comply with any other DMV requirements. If a driver with a commercial driver’s license was disqualified for Driving While Disqualified, he or she must apply for a license to operate a commercial motor vehicle again, pass a knowledge and skills test for the class and type of commercial motor vehicle he is trying to be licensed to operate, and satisfy any other reinstatement requirements, including paying licensing and reinstatement fees.Long-Term Consequences of CDL DisqualificationDisqualification could be catastrophic for a CDL holder. Disqualification is a complete prohibition on the person’s ability to operate a commercial motor vehicle. CDL holders cannot get a restricted driver’s license like other people can with suspended licenses (at least not allowing them to drive a commercial motor vehicle). As a result, the driver cannot work at all. Employers may or may not continue to hold an employee’s job for the duration of the disqualification period. If the driver’s record is bad enough, he or she could be disqualified for life-meaning, the driver can never operate a commercial motor vehicle again and will have to look for another line of employment.COULD I LOSE MY JOB?It may seem obvious, but many people do not think about the problems at work a speeding ticket can cause. It is unlikely a person will be fired from any job just for one speeding conviction in Virginia. However, what can get a person fired is missing work. What can also get a person is fired is being unable to work at all because of the long-term consequences resulting from that speeding conviction. Taking Time Off Work to Go to CourtIf a driver decides to fight a speeding ticket in Virginia to avoid all of the penalties discussed in this book, that person must either take time off work to go to court or hire an attorney to go to court in that person’s place. Traffic court in Virginia (especially Northern Virginia) is packed with people and could take a very long time. Some traffic courts in Virginia have hundreds of cases on the docket just in one morning. Workers who are paid hourly are literally losing money every second they are not on the clock at work. Depending on a person’s shift and work schedule, he or she could potentially lose an entire day of work. If that person’s case is continued for some reason, that is another day of missed work. Not all employers are forgiving of missing work for things that they would not consider emergencies. We have enough unknowns that come up in life that can cause us to miss work-illness, children’s emergencies, vacations, car trouble, etc. Or just wanting a day off! No one wants to take a day off to sit in traffic court. And you do not want to blow through all of your vacation days (or your boss’s patience) by missing work to go to court. If a person has already taken too much time off, for any reason, he or she might not be able to get any more time off without repercussions at work.Jobs That Require Clean Records Or Driving During Work HoursDrivers convicted of speeding or Reckless Driving by Speed in Virginia risk losing their jobs (or a potential job) because of the effect on their employer’s insurance. Many companies depend on their drivers to get work done-as employees. These companies have insurance policies with strict rules regarding traffic tickets, suspended licenses, and employee driving records. Insurance companies will undoubtedly raise the company’s insurance rates if employees have bad driving records-whether offenses were committed on company time in company vehicles or off hours in the driver’s personal vehicle. If a person must drive for work, having a clean or good driving record is very important. A conviction for an offense carrying demerit points (or potentially any offense) could put that person’s job in jeopardy. A company’s insurance could and most likely will go up if any of their drivers are convicted of traffic offenses (including speeding) or if they are involved in accidents. As a result, the company could remove that person from driving duties altogether and reassign that person to another position in the company. The driver could even be fired. A person’s job could also be in jeopardy if the DMV suspends a driver’s license for accumulating too many points in a short amount of time. Employers will not want to put up with drivers who are suspended and have limitations on where and when they can drive-even if the driver was lucky enough to get a restricted driver’s license. A restricted license does not allow a driver carte blanche to drive anywhere he or she wants to go-no matter what the driver’s boss wants.Some employers may not want to hire a potential employee at all because of the person’s driving record. The employer may look at a driver with a lot of demerit points and/or a bad record as a potential liability for accidents and resulting lawsuits, property damage, injuries, and even death for which the company could ultimately be responsible.If driving a company vehicle is a required part of a person’s job duties, that person should think long and hard before just paying a speeding ticket or admitting guilt to Reckless Driving in court. CDL holders could also be in danger of losing their jobs for speeding or Reckless Driving convictions in Virginia. CDL holders cannot obtain a restricted license to operate a commercial motor vehicle like other drivers can for work purposes. If a driver is disqualified from operating a commercial motor vehicle (and hence cannot get a restricted license), that driver cannot work-as his or her job is to drive that vehicle. It would be up to the company to continue to employ the driver during his disqualification period or terminate the employee.The Cost Of Losing Your JobThe costs of losing a job are obvious. Once you have the conviction, it may be too late to stop the onslaught of ramifications that one simple speeding ticket caused.ARE JUVENILES PUNISHED THE SAME WAY AS ADULTS FOR SPEEDING IN VIRGINIA?No. As one might assume, the consequences of speeding convictions in Virginia for juveniles are not the same as the consequences to adults. These consequences include required involvement of their parents in the court process, increased insurance costs, and more severe penalties from the DMV, among others. Involvement Of Parents In Juvenile Speeding Or Traffic CaseThe main difference procedurally between adult and juvenile speeding cases in Virginia is that if a juvenile is charged with a traffic infraction, a parent must be involved-either by coming to court or signing a notarized waiver of court appearance.Are Juvenile Cases Handled In The Same Court As Adult Cases?No. Anyone who commits an offense when they were under age 18 will have to go to the Juvenile and Domestic Relations District Court-even if that person is no longer a juvenile.Can Juvenile Drivers Pre-Pay Speeding And Other Traffic Tickets?A juvenile driver can pre-pay a ticket, waive his or her court appearance, and plea guilty to the offense-just like an adult can. However, both the juvenile and his or her parent must either come in person to the court or to a magistrate and sign a waiver of court appearance. In the alternative, the juvenile can mail in the plea and waiver, but the parent must sign the waiver and the parent’s signature must be notarized. However, not every offense can be pre-paid. And if a juvenile is required to go to court for an offense or decides to fight a ticket, one of his or her parents must go with him. The juvenile’s parent will receive a summons, which is a court document requiring him or her to go to court. If the parent fails to appear, he or she could be charged with contempt of court (which is a crime).Car InsuranceCar insurance for juvenile drivers is always higher than it is for adults. Consequently, if a driver under 18 (or even 19 or 20) is convicted of speeding (or any other traffic offense) in Virginia, the driver’s car insurance rates will most likely go up exponentially. There are a number of factors that insurance companies take into account when approving (or cancelling) a policy and determining rates, including length of time driving, length of time with the company, and history of traffic offenses, among many other considerations. Any traffic conviction will have a negative impact on anyone’s car insurance rates, but especially juvenile drivers.DMV Penalties For Rapid Point Accumulation For JuvenilesThe court cannot impose any different penalty on a juvenile for a traffic infraction than they would for an adult. However, the problem comes with the action the DMV takes after a juvenile is convicted of a traffic infraction. Driver Improvement ClassDrivers who are convicted of any traffic offense resulting in demerit points (that was committed when they were under 18) will be required to take a driver improvement course. They also will be required to take a driver improvement course if they were convicted of a seat belt or child restraint violation.Unlike adult drivers, a juvenile driver cannot get any safe driving points on his record if the DMV or court required the person to take a driver improvement class. Additionally, drivers under 20 cannot take a driver improvement class online and must take the class and test in person. This usually is a major inconvenience, as the person will have to arrange several hours when he or she is not in school or working to attend the class, as well as pay for the class. And usually, it is the parents who end up paying for the class-and the parents who end up driving the person to and from the class. Driver’s License Suspension Or RevocationJuvenile drivers face DMV driver’s license suspension and revocation much quicker than adult drivers.There are a variety of reasons a juvenile driver’s license could be suspended or revoked, including:failure to take required driver improvement class within 90 days (penalty for conviction of traffic offense resulting in demerit points)license will be suspended until class completedsecond conviction resulting in points (or a safety belt or child restraint violation) committed when the driver was under 18 driver’s license suspension for 90 day third conviction resulting in points (or a safety belt or child restraint violation) committed when the driver was under 18driver’s license revocation 1 year or until the driver turns 18, whichever is longer.If a juvenile driver’s license is suspended, the driver may or may not be granted a restricted driver’s license. If the driver is able to get a restricted license, the restrictions are far more onerous than those for adults (who probably already think those restrictions are very onerous). First, a juvenile driver must show that he or she has no other means of transportation to get to school or work. If the driver is granted a restricted license, he or she will be allowed to drive only to school and work-nowhere else. If the driver’s parents relied on him or her to run errands or driver other children to school, this will now create a major inconvenience for the driver’s family. In order to reinstate driving privileges that were suspended or revoked, the juvenile driver will have to wait until the end of the suspension or revocation period and then comply with any reinstatement requirements relevant to his or her particular situation, including taking a driver improvement class, reapplying for a license, taking a knowledge and skills test, and/or paying reinstatement fees.Drivers Under 19 Convicted Of Offenses Committed When They Were Under 18Offenses Resulting In Demerit PointsFirst Demerit Point Offense, Seat Belt, Child Restraint Violationmandatory driver improvement clinic Second Demerit Point Offense, Seat Belt, Child Restraint Violationdriver’s license suspension for 90 daysThird Demerit Point Offense, Seat Belt or Child Restraint Violationdriver’s license revocation for one year or until driver turns 18, whichever is longerIn addition to these penalties, the DMV will take additional action against juveniles for rapid demerit point accumulation:Penalties For Rapid Demerit Point Accumulation For Juveniles9 points for convictions of offenses committed within 12 Months (or 12 points in 24 months)mandatory driver improvement courseDMV probation for 6 monthsconviction for offense resulting in demerit points will result in driver’s license suspensioncontrol period for 18 months after probation period ends, as discussed above.Drivers Under 20 Drivers under 20 who are convicted of offenses resulting in demerit points are punished by the DMV the same as adults, except that they must attend any required or volunteer driver improvement class in person.Reckless DrivingReckless Driving by Speed in Virginia is a crime. In Virginia, criminal convictions cannot be expunged (erased from public records). This means that if someone is convicted of a crime in Virginia, no matter how minor and how long ago, the person cannot erase it from his or her record. As a result, the person will have a permanent criminal record. Juveniles in Virginia are afforded a slight break when it comes to convictions and expungements-but not much. Juvenile Records Are Sealed, Aren’t They?Not always. This biggest mistake a juvenile driver can make is to assume that a conviction will just go away after the person turns 18.While generally the courts restrict who can access juvenile records, there are a number of provisions in the Virginia code that allow sharing and dissemination of these records for certain “limited” purposes. Additionally, many juvenile convictions (usually referred to as “adjudications” or “findings of not innocent”) will remain on a person’s criminal record for several years after the person turns 18-and possibly forever. Expungement of Juvenile RecordsContrary to what most people think, juvenile records are not just automatically sealed, erased or expunged. And the record does not just automatically “go away” when the person turns 18.If a juvenile is convicted of a misdemeanor, that conviction will remain on his or her criminal record for several years. Generally, the court will destroy records of juvenile traffic and misdemeanor cases when the person has reached the age of 19 and five years have passed since the date of the last court hearing on the matter. This means that if a 17 year old was convicted, the record will not be destroyed until 5 years after the last court date. So, at the very least not until the person is 22 years old. If the last court date was when the person was 18, it will be when he is 23 years old, etc. Certain offenses will remain on the person’s record even longer. If the conviction record was sent to the DMV (such as a Reckless Driving conviction), the record will not be destroyed until the person is 29 years old. This means that the driver will have a misdemeanor conviction on his or her criminal record until he or she is 29 years old.Some offenses committed while the person was a juvenile will even remain on the person’s criminal record permanently. Felony records, or charges that would be felonies if the person was an adult, will not ever be expunged. If a juvenile is convicted of a felony, that will remain on his permanent criminal record. Additionally, sometimes records-mistakenly-do not get expunged. No one should assume that just because a certain period of time has lapsed that his or her juvenile record is just “gone”.Take-Aways For Juvenile DriversJuvenile drivers must be aware of all of the consequences that come with convictions for traffic violations-no matter how minor the offense may seem. Many are surprised to find out that they cannot hide this trouble from their parents, because the law requires at least one parent to be involved. Their car insurance rates will go up (again, not likely something they can hide from their parents because they are probably on their parents’ policies). Juveniles face license suspension and DMV penalties much more quickly than adults do for the same driving behavior. They also have even more limitations on restricted driving privileges. Finally, and perhaps most surprisingly, convictions do not just go away when the person turns 18.Even drivers who are over 18 are still subject to more limitations, such as the requirement of taking a driver improvement course in person.Drivers under 20 (and especially under 18) should think twice before just pre-paying the fine for a traffic ticket or admitting guilt to Reckless Driving in court. The results of doing so could lead to all of the unintended consequences discussed in this chapter and throughout this book-among others. Will This Affect Me in The Future If I Get Another Ticket?If a driver decides to fight a Virginia speeding ticket in court to avoid some or all of the consequences discussed in this book, the judge will see that person’s driving record or, at the very least, the police officer will inform the judge of the person’s record.The worse the driving record, the harder it is to talk yourself out of a speeding ticket on the road or to get a charge reduced or dismissed in court. Additionally, the judge will probably impose a higher fine for a speeding ticket if that person has a history of speeding or other traffic convictions.As discussed previously, all speeding ticket convictions in Virginia are automatically punished with DMV demerit points. Pre-paying the fine for a speeding ticket is an admission of guilt, which results in a conviction on the person’s driving record and DMV points. The more demerit points that are on someone’s record, the less likely that person will be given a break in the future. This means that it will be harder to get a reduced charge, lower fine, or dismissal. Having a Reckless Driving conviction on your record will certainly make it harder to negotiate or get sympathy in the future for a couple of reasons. First, and unbeknownst to many until it is too late, you will already have a criminal record. The argument to cut you a break because you don’t have a criminal record is gone immediately. Second, it shows a pattern of behavior. It is very hard to convince a prosecutor or judge that this was a one-time mistake when you have done it before.Even if a driver was able to get that prior Reckless Driving charge reduced or dismissed, it still shows up on that driver’s record that he or she was charged with Reckless Driving, along with the final disposition (at least for several years). Of course having that charge reduced is a good thing, but continuing to receive these charges will make it less likely that future charges will be reduced or dismissed, because the judge or prosecutor will view it as though the person has already been given a break and is not learning a lesson.Almost every conviction for a traffic offense will go on a person’s Virginia driving record. If that conviction results in demerit points, that conviction itself will hurt a driver in the future because he or she could be in danger of DMV-imposed penalties such as a mandatory driver improvement or possibly driver’s license suspension for accumulating too many points in a short amount of time.The bottom line is, drivers want as few convictions as possible on their driving record, a high point balance (because negative points are bad), and the lowest charges they can possibly get if dismissal is not an option. The more charges, convictions, and points that are on a driving record, the less likely that person will be given any leniency in the future. That speeding conviction results in more than just a fine-it will impact any future negotiation or sentencing for traffic offenses. This is another reason drivers may want to think twice before just paying the fine.CAN I APPEAL IF I LOSE?Every Virginia driver has an automatic right to appeal a conviction or sentence for a traffic offense. After an appeal is properly filed, the lower court’s ruling (General District Court for adult drivers and Juvenile and Domestic Relations District Court for drivers who were under 18 when they were charged with the offense) is no longer in place and the driver will be entitled to a brand new trial in the Circuit Court. The judge will not know what happened in the lower court and the driver will have another opportunity to try his or her case. The driver also has the right to a jury trial in the Circuit Court. If the driver wants to appeal a conviction or sentence, he or she has 10 days from the date of conviction to file an appeal. The case will then be sent to the Circuit Court and after 10 days, the Circuit Court will have jurisdiction over the case.What If I Change My Mind About Appealing My Case? Anyone can withdraw an appeal of a traffic offense at any time. If the driver withdraws the appeal within 10 days of the conviction, he or she will not have to pay additional court costs and the original penalty will be imposed. If the driver withdraws an appeal more than 10 days from the date of the original conviction, the case will already be in the Circuit Court and he or she will have to pay increased court costs, just by virtue of the case being in that court’s jurisdiction. The Circuit Court will enter an order affirming the judgment of the lower court and impose these additional court costs.The Benefits of an AppealThe benefit of an appeal is you have an opportunity to start your case from scratch like nothing ever happened. You could wind up with a much better outcome-a complete dismissal, a reduction in charges, a lower fine, a penalty without driver’s license suspension, or a reduction of jail time. The Downside of an AppealThere are some downsides to appealing a traffic conviction in Virginia. Court costs in Circuit Court are going to be higher, especially if the driver requests a jury and is ultimately convicted. If a driver withdraws his or her appeal after the Circuit Court has jurisdiction, that person will not only have to pay the original fine, but will also have to pay increased court costs to cover the expenses of prosecuting the case in the Circuit Court.If a driver does not withdraw an appeal and the case results in a conviction, that person will have to pay even more court costs than he or she did before. The driver also faces all of the original potential penalties, including a higher fine, license suspension, and/or a jail sentence (if the charge could be punished with jail time). For example, if a driver is sentenced to no jail time or to suspended jail time for Reckless Driving in the General District Court and appeals his or her conviction, that person could be sentenced to active jail time if convicted of the case on appeal in the Circuit Court.Additionally, appealing a conviction means taking more time off work, most likely taking the time to consult with and hire an attorney if the person did not already have one, coming up with the money to pay the attorney, and risking a potentially worse sentence. To avoid these problems, it is always best to consult with an attorney before your original court date to try to get the best possible outcome for your case. Waiting until after an unfavorable result means spending more time and money in the long run.Is There Anything I Can Do Before Court To Help My Case?There are many things drivers can do before court to try to mitigate the consequences of a speeding ticket-either to help get the case dismissed or reduced or for leniency when it comes time for sentencing. But these pre-trial steps cost time, money, and do not always work the same for everyone.Consulting with a Local AttorneyThe first obvious pre-trial step is at the very least to consult with an attorney (and most likely hire an attorney). This takes time and, if a driver decides to hire an attorney, more time to find the right attorney, and then money to pay the attorney.Hiring an AttorneyMany drivers may choose to hire an attorney to help avoid some or all of the consequences of Virginia speeding tickets discussed in this book. The attorney can not only represent the driver by fighting the case in court or helping to negotiate a good outcome, but the attorney can also go to court in place of the driver. This could be very important to drivers who cannot miss any more time off work.Finding the right attorney may take time and will cost money. However, the long-term costs of not having an attorney could be worse. Not Hiring An AttorneyIf the person wants to fight the ticket to try to avoid all of the consequences discussed in this book, but decides not to hire a lawyer, he or she will have to arrange time off from work to go to court. This means possibly finding someone to cover a shift, rearranging his or her schedule to trade shifts with someone, telling his or her boss why he or she will not be at work, and possibly having to arrange for transportation to court.Additionally, the driver will have to take time to learn the rules and procedures of court and will be responsible for issuing any subpoenas for witnesses in adequate time before trial. The court will not assist a driver who represents him or herself in court-the driver is expected to know the rules and be prepared for court just as if he or she were a lawyer.Other Pre-Trial StepsIn addition to consulting with and hiring an attorney, drivers can do things proactively before court to help their cases, including taking a driver improvement course, getting their speedometers calibrated, or doing community service hours, among other things depending on their individual situations. Driver Improvement SchoolAs mentioned previously in this book, the judge and prosecutors will look at driving records, including a person’s DMV point balance. If a driver has too many demerit points, it will make it harder to negotiate a favorable outcome and if the driver is convicted, the judge will not likely show leniency.A driver improvement course can be used to gain five positive points on the driver’s license (or to reduce insurance premiums). A driver can only take the course once every two years in Virginia in order to receive the benefit of the points. Drivers who take these courses prior to court will not only learn valuable lessons to avoid tickets in the future, but will also have a higher point balance when they do go to court. Driver improvement courses take time and cost money.While gaining five positive points back on your driving record will put you in a better posture for court, drivers should be aware that not every court will accept a driver improvement course done before court to reduce or dismiss a charge. This means the driver may not be able to get the benefit of traffic school to get a case reduced or dismissed or may have to take the course AGAIN if ordered by the court. Additionally, some jurisdictions may only accept certain driving schools, making the time and money a driver spends trying to be proactive useless when it comes time for court. A driver should always consult an attorney who practices in the local court who knows the court’s policies to avoid spending time and money on things the court may not even accept.CalibrationAnother thing drivers can do before court is to get their speedometers calibrated. A calibration tests the accuracy of a driver’s speedometer reading measured against different speeds. It basically is a test to find how fast your car is actually driving and compare that with what the speedometer says. If it turns out that your speedometer shows a different speed than the car is actually driving, this could be helpful in court. For example, if the speedometer reading is lower than the actual speed, there is an argument that you did not know you were speeding (or at the very least, you did not know you were traveling as fast as you actually were) and can help to get a reduction in charge can result in fewer points and a lower fine. Again, getting a calibration done takes time and costs money.Alternatively, a calibration could show that your speedometer was actually reflecting a higher speed than you were driving-meaning you thought you were driving faster than you actually were. If drivers do not know how to read a calibration report, they could end up hurting their case more than helping it by bringing a calibration to munity ServiceSome jurisdictions may take kindly to a driver who performs community service prior to court. Again, drivers should consult with local attorneys in the county in which they are charged to see if community service hours are recommended and how they will be viewed by the court.Other Costs Of Pre-Trial PreparationThere are many other things that drivers can do to prepare for the best possible outcome in court-whether that is a reduction in jail time, a reduced charge, prevention of license suspension, or a dismissal. Anyone charged with speeding or Reckless Driving in Virginia should consult with a local attorney about his or her particular case. Every case is different and the future consequences of a conviction is different for every driver, depending on that person’s particular situation.Do I Need AN ATTORNEY?An option to avoid missing work and risking trouble with a boss is to hire an attorney to handle your case. Obviously, an attorney will cost money )and most likely will cost more than the pre-payable fine and court costs). But, an attorney can save a person money, time, inconvenience, and many of the long-term consequences discussed in this book by trying to keep the conviction off of a person’s driving record, negotiating a conviction to a lesser charge with fewer (or no) DMV points, keeping the fine and court costs below a certain amount, or potentially getting the case completely dismissed. Of course, anyone can represent him or herself, or choose to just pay the fine. But the consequences of just paying the fine have already been discussed, and an attorney can go to court for you so you do not have to miss work to fight the ticket. If you work for yourself or your own business, sure, you can take time off whenever you want. But any time off is time the business most likely is not making money. So not only are you losing the money you would have made going to work, but you may be losing more money by having to pay someone to handle the work while you are in court. You also are probably losing any new business because you are in court and not available to respond to calls from new potential clients.An attorney will also save a person the hassle of having to request time off and missing work. While the money lost from not doing to work for a day might not seem like a big deal, putting a job in jeopardy by missing work to go to court is clearly worse in the long run-especially if this is not the first time you are calling out for something that is not an emergency. It is also not a good idea to just hire the first attorney you find. Drivers need to make sure the attorney they hire is familiar with the courthouse in which their case will be heard. Every single county in Virginia has different policies and procedures. For example, some counties will not accept a driving school completed before trial but require completion of a certain school in order to satisfy the requirements of the negotiated outcome. Additionally, a local attorney will know what judges in that jurisdiction are likely to do-for example, some judges will put drivers in jail for driving over certain speeds (if charged with Reckless Driving by speed). Doing research to find the right attorney may take time, but it is well worth it.When hiring an attorney, it is also important to make sure that lawyer handles primarily traffic and criminal cases (many traffic issues can quickly become criminal, as we have seen in previous chapters). Traffic and criminal law is constantly changing. In fact, all aspects of law are frequently changing, and whatever your issue is (traffic, criminal, or anything else), you should hire an attorney who deals with that subject matter on a daily basis, including receiving regular training on the subject. The cost of paying an attorney is another one of the obvious real costs of a Virginia speeding ticket. The dangers of a speeding ticket conviction come from the DMV points and blighted driving record, discussed earlier in this book. An attorney can help to avoid some of the mandatory DMV penalties that come after a conviction for speeding in Virginia, and, consequently, the long-term consequences that result from that conviction that are discussed throughout this book.If you have already received a ticket, then you need to make sure you suffer as little of the consequences as possible. Hiring an attorney, while costing money, can help to accomplish this. The cost of an attorney is a clear decision that drivers will have to deal with after receiving a speeding ticket in Virginia.If you do not want to spend the money on an attorney, at the very least you should consult with one to discuss your case. Most attorneys in Virginia offer free consultations and can give you an assessment as to whether you are in danger of DMV penalties and should fight your ticket or you might be ok to just pay the fine. But remember, it is more than just a fine.What Happens If I Don’t Hire An Attorney?The costs of not hiring an attorney can be seen by looking at the widespread consequences of Virginia speeding tickets discussed throughout this book. An attorney can help to mitigate the risks in the future by knowing the potential consequences of Virginia speeding tickets and, most importantly, knowing how to avoid them.This is where a local attorney comes in handy. An attorney who knows the local players, including judges, prosecutors, and police officers, is an invaluable tool in the courtroom. Part of knowing the local judges is knowing which judges are likely to sentence a person to jail for high speeds (if the person is charged with Reckless Driving by Speed). Not having an attorney (especially not having an attorney who knows the local court procedures) could result in disastrous consequences that a driver was not expecting.A local attorney will know what things a driver charged with speeding should do before court, such as whether the driver should enroll in a driver improvement course, get his or her speedometer calibrated, do community service, among other things drivers can do to help their cases. A local attorney will also know the things not to do before court. For example, completing a driving school before court can sometimes hurt your case. The court might only accept certain driver improvement courses or the court may not accept a driver improvement course done before court at all and require the person to take the class again for a dismissal. Worse yet, a dismissal on completion of the course may no longer be available if the person completes a driver improvement course before court in some jurisdictions.An attorney will also know what defenses will work and what defenses will not work (for example, going with the flow of traffic is not a defense that will work). Many drivers who go to court without a lawyer are surprised to learn that they actually admit to the offense itself when they are trying to present a defense. A traffic attorney can also look at your driving record and will be able to tell if you are in danger of license suspension or other DMV punitive action based on the number of demerit points you have accumulated within a certain period of time and how the points you are facing with your current charge could affect your driving record.By now you know the costs of pre-paying the ticket (and therefore not hiring an attorney). Pre-paying the fine is an admission of guilt which results in court costs, DMV demerit points, and a conviction on your driving record. It could also result in a DMV-mandated driver improvement course as well as driver’s license suspension for accumulating points too quickly. The conviction could also result in increased car insurance premiums, problems obtaining life insurance, and potential civil liability in a case involving an accident or property damage. Pre-paying the ticket for speeding in Virginia could also impact your job. The DMV penalties could potentially lead to the loss of a job if the driver’s employment is contingent on having a clean record. All of these costs could potentially be prevented, or at the very least mitigated, by hiring an attorney to either fight the ticket in court or negotiate an outcome that can avoid some or all of these consequences. If a driver pre-pays the ticket and does not hire a lawyer, he has no chance to even try to avoid these penalties. There might even be times when a driver is clearly guilty and/or admitted to the police officer that the driver knew he or she was speeding and knew what the speed limit was. Even if a person is guilty, an attorney still may be able to help reduce or dismiss a charge. Not hiring an attorney because the driver thinks there is no case to fight could be a big mistake. There are many things that an attorney can do to prepare a driver for court to reduce the consequences of Virginia speeding tickets discussed in this book.Most importantly, an attorney will know your entire situation and what is most important to you in resolving the case-in terms of both short and long-term consequences. Going to court without an attorney may mean that the prosecutor or judge does not take important factors into consideration, simply because no one tells them. The costs of not hiring an attorney can go on and on. But the most important thing to remember is that the penalty for speeding in Virginia is more than a just a fine-and a driver needs to remember that when deciding whether to hire an attorney. Any person charged with speeding in Virginia should now know all of these consequences after having read this book-and knowing these consequences, a driver can make an informed decision about how to handle the charge which results in more than a fine. ................
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