In Virginia, a traffic ticket can have serious consequences, so it is imperative to take action once you have received a summons. Do not ignore your summons.
When you receive a summons you should:
- Check your ticket to see if it is a citation for a traffic infraction or a criminal charge.
- Consult an attorney for next steps.
Check Your Ticket
It is important to check your ticket, because a speeding ticket has very different consequences than a reckless driving ticket. A speeding ticket is an infraction that will likely put demerit points on your driving record, and a conviction will likely increase the cost of your insurance. It may still be worth it to fight a mere infraction, but the consequence of a conviction is not as high.
Other charges can be more serious, like a reckless driving charge, which is a class 1 criminal misdemeanor. In addition to receiving up to 6 demerit points and an increase in your insurance, a guilty conviction of a reckless driving ticket can result in up to a 6 months license suspension, 12 months of jail time, and a fine of up to $2,500, as well as the consequences of having a misdemeanor on your record. For more information on the consequences of a reckless driving charge and the 11 types of them, read more here.
You can spot the difference between a speeding ticket and a reckless driving ticket by examining your summons. A speeding ticket or infraction can be prepaid without requiring an appearance in court. The box indicating you may avoid coming to court will be checked. On the other hand, a reckless driving ticket or misdemeanor charge will usually require a mandatory court appearance. A reckless driving ticket will often have “RD” written in the description of the charge, but officers can make mistakes and the code section cited guides what the court clerk enter in the system when they receive a copy of the summons.
Keep in mind that prepaying a speeding ticket is an admission of guilt, so even if your ticket is an infraction, you may not want to prepay the ticket if you want to fight the ticket.
To tell if a code section referenced on a summons is an infraction or misdemeanor, you can go to the General District Court docket and search for your case by the city and your name. This will clearly state the charge and clarify its classification. For example, reckless driving by speed is under 46.2-862 and is a misdemeanor, but there are other types of reckless driving code sections.
Consult An Attorney
An attorney will be able to give you more detailed information on what to do about your ticket. They can tell you your odds of getting mercy in court and advise you on what actions will be most beneficial for your case. For an out-of-state driver, an attorney may be able to have a case heard in their client’s absence, depending on the nature of the charge and the judge.
Having an attorney will increase your odds of a dismissal or a reduction. An attorney will know the nuances of traffic law, which you may not know, that can be the deciding factor for your case. An attorney may also know the judges for each city’s Court and know what actions they prefer and would be most persuasive to them.
Call or schedule a free consultation today for expert legal advice!
(Attorney Louie thanks Abigail Ferrara for contributing to this article.)