.jpg)
Traffic Infractions
Traffic infractions are charges for violating traffic laws.
Punishments
Punishments can include fines and "demerit points." Drivers who accumulate sufficient demerit points can have their license to drive suspended by the Department of Motor Vehicles (DMV). In addition, convictions for traffic infractions can and often do impact the driver's car insurance premiums. If you have been charged with a traffic infraction, you should contact a knowledgeable traffic attorney to discuss your case and determine your best course of action.Types of Traffic Infractions
If you have been charged, the "code section" listing the appropriate part of the Virginia Code will appear on your ticket. You can click the links below to read these statutes.46.2-802 Drive on right side of highways
46.2-803 Keep to the right in crossing intersections or railroads
46.2-803.1 Commercial motor vehicles limited to use of certain lanes of certain interstate highways
46.2-804 Special regulations applicable on highways laned for traffic
46.2-805 Lane direction control signals
46.2-806 One-way roadways and highways
46.2-808.1 Use of crossovers on controlled access highways; penalty
46.2-809 Regulation of truck traffic on primary and secondary highways
46.2-809.1 Regulation of residential cut-through traffic by Board
46.2-810 Age limits for drivers of public passenger-carrying vehicles
46.2-811 Coasting prohibited
46.2-812 Driving more than thirteen hours in twenty-four prohibited
46.2-813 Occupation of trailer being towed on highways
46.2-814 Driving through safety zone prohibited
46.2-815 Hauling certain cargoes through tunnels in violation of posted signs; penalty
46.2-816 Following too closely
46.2-820 Right-of-way at uncontrolled intersections, generally
46.2-821 Vehicles before entering certain highways shall stop or yield right-of-way
46.2-822 Right-of-way at traffic circles
46.2-824 Right-of-way at uncontrolled "T" intersections
46.2-825 Left turn traffic to yield right-of-way
46.2-826 Stop before entering public highway or sidewalk from private road, etc.; yielding right-of-way
46.2-827 Right-of-way of United States forces, troops, national guard, etc
46.2-828 Right-of-way for funeral processions under police or sheriff's escort; improper joining of, passing
46.2-830 Uniform marking and signing of highways; drivers to obey signs; enforcement of section
46.2-830.1 Failure to obey highway sign where driver sleeping or resting
46.2-833 Traffic lights; penalty
46.2-833.1 Evasion of traffic control devices
46.2-834 Signals by law-enforcement officers and crossing guards
46.2-835 Right turn on steady red light after stopping
46.2-836 Left turn on steady red after stopping
46.2-837 Passing vehicles proceeding in opposite directions
46.2-838 Passing when overtaking a vehicle
46.2-839 Passing bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped
46.2-841 When overtaking vehicle may pass on right
46.2-842 Driver to give way to overtaking vehicle
46.2-842.1 Drivers to give way to certain overtaking vehicles on divided highways
46.2-843 Limitations on overtaking and passing
46.2-844 Passing stopped school buses; penalty; prima facie evidence
46.2-845 Limitation on U-turns
46.2-846 Required position and method of turning at intersections; local regulations
46.2-848 Signals required on backing, stopping, or turning
46.2-849 How signals given
46.2-850 Change of course after giving signal
46.2-851 Signals prior to moving standing vehicles into traffic
Accidents
In addition to the charge itself, in some cases the driver also is being held responsible for an accident. In these cases, even after the traffic infraction has been resolved, the driver may later be sued for damages that he caused in the accident. For these cases, it is especially important that the driver who was charged consult with a traffic lawyer to help protect him from both.Traffic Infraction Cases in Court
In court, the Commonwealth (state) presents its side first, and will present evidence of the driving. This will usually be the officer's testimony, and may also include additional evidence like witnesses and photos, and calibrations of police equipment like radar. The defendant who was charged will then have an opportunity to testify and present his evidence. The court will rule at the end of the evidence, and typically does so immediately. If he is acquitted - found not guilty - then the defendant will receive no punishment. If he is convicted - found guilty -- the defendant is usually sentenced immediately, after the court has had a chance to review the defendant's driving record.In appropriate cases, the court may be willing to reduce the charge. If it does so, the court may still order the driver to pay court costs or to attend driving school, but he will not have a conviction on his record, nor any demerit points.
Our Experience
Our firm has more than 15 years of experience trying traffic cases. Our attorneys also frequently handle these cases in Virginia state and federal courts, both at trial and at the appellate level.Contact Us
If you are facing a driving suspended charge, we are prepared to stand up for your rights. Call us today at 434-972-9600 or contact us online.
Davidson & Kitzmann, PLC
211 E. High Street
Charlottesville, VA 22902
Tel: (434) 972-9600
Fax: (434) 220-0011
Contact Us
Virginia Family Law Site
Laws, cases, and news regarding divorce, family law, and collaborative law.
Family Law Blog
Insights and commentary on divorce, family law, and collaborative law.
Charlottesville Lawyers