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TRAFFIC DEFENSE

General Information

Traffic violations are often the most common way in which many individuals come into contact with the criminal justice system. They can happen for a variety of reasons: not paying attention to speed, not being familiar with the acceleration or drive of the vehicle, not being familiar with the area and the speed limits, trying to make up time, faulty equipment, etc.

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Paying off a traffic citation is an admission of guilt and results in a conviction as charged. Speeding and reckless driving convictions in Virginia will cause points to be assessed on an individual's DMV report which most often result in increased insurance rates. Virginia has reciprocity with most other states and will most likely notify your home state licensing authority (DMV, MVA, etc) of any conviction that occurs here.

Common Traffic Violations

We handle all types of traffic violations.  Some of the most common include:

  • Speeding - This is generally a citation for 1.) speeding while traveling at less than 81 mph or 2.)  speeding while traveling less than 20 mph over the posted limit.  In Virginia, it is a 3, 4, or 5 point violation that stays on your record for five years.

  • Reckless Driving by Speed - In Virginia, reckless driving can be charged anytime you are traveling 1.) in excess of 80 mph or 2.)  traveling more than 20 mph over the posted speed limit.  Reckless driving is a criminal offense, a class 1 misdemeanor.  Punishments can include hefty fines, loss of your driving privileges, and even jail time.  Additionally, in Virginia, it is a 6 point offense that stays on your record for eleven years.

  • Reckless Driving (general) - General reckless driving is driving in a manner that endangers life, limb or property of a person.  This is also a criminal offense, a class 1 misdemeanor, that can result in hefty fines, loss of your driving privileges, and even the possibility of jail time.  Additionally, in Virginia, it is a 6 point offense that stays on your record for eleven years.

  • Driving While Intoxicated (DWI) - In Virginia, there are five ways to be charged with DWI.  The most common is having a blood-alcohol concentration (BAC) of .08 percent or more.  However, it is possible to be charged with DWI even when your BAC is lower than .08.  Even first offense DWIs can carry significant punishments including mandatory minimum jail time, mandatory minimum fines, mandatory license suspensions, required enrollment in VASAP (an alcohol safety program) and more.

  • Driving Suspended or Revoked -   A charge of driving suspended or revoked is a class 1 misdemeanor in Virginia.  A third offense carries a mandatory minimum period of incarceration of ten days. 

How to Help Us Help You

Our office is very skilled in the representation of traffic offenses.  To best assist you, however, we will need you to provide us with the following documents:

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  • A copy of your summons or warrant

  • A copy of your driving transcript (driving history) from every state you have been licensed in within the past five years.  The judge will want to see a full past five years of your driving history at a minimum.  Your driving transcript must be obtained from the agency that issued your license.  Transcripts obtained through third-parties, such as insurance companies, are not accepted by the judge.

  • If you are charged with driving suspended or revoked, we will also need a copy of your compliance summary.  This is a document that must be obtained from the Department of Motor Vehicles.

 

These documents can be mailed, emailed to frontdesk@wrobinsonlaw.com, hand-delivered, or faxed to us.  If they are emailed, they must be in .pdf format.  The court will not accept pictures or screenshots of driving transcripts and compliance summaries.  The court will also not accept documents that are cropped, missing pages, or have alterations made to them.

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