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What happens if you have a moving violation infraction as a tourist in Virginia?

Arlington, VA |

My brother is coming from Mexico on a tourist visa. I am going to let him borrow my car so I am wondering what would it happen if he were stopped on a traffic offense (e.g. speeding, not obey stop signs, etc). Would he be arrested? Given a ticket? Does he have the right to contest the ticket at court? Does he automatically is guilty for being tourist? Who is responsible for paying the ticket? Him or myself since he is staying with me?

I just want to have some idea of what would happen in case he is stopped....

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Attorney answers 4


It really depends upon why he is stopped.

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When you say tourist visa are you also saying that he has a valid license to drive a vehicle? Without a license he can't drive, period! Assuming he has a license , he would get the ticket and they you would hire an attorney to deal with the infraction ticket, speeding, failure to obey signs etc. If he got a more serious crime then you would hire an attorney in your jursidiction to fight that ticket. This is what you would do.


If your brother is over 16 years, 3 months old, and he has IN HIS POSSESSION a valid driver's license issued to him from Mexico, he may legally drive in Virginia. See Va. Code section 46.2-307. If he does not have a valid driver's license, then under certain circumstances you can be charged with a crime if you knowingly let him drive your car.

If he's got a valid license with him, it would be a good idea for him to keep his passport with him when he drives.

Some traffic stops end in arrest regardless of citizenship, such as when a DUI charge is brought. Most likely, if it is a simple speeding ticket, your brother would receive a summons for court and be released on the scene.

If he is charged with something specific, you both should contact an attorney to determine what your next step should be.


We can often get this reduced to a no point violation or dismissed. Call the Gilson Law Firm today.

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