LEGAL GUIDE
Written by attorney Luke Joseph Nichols | Nov 2, 2012

10 Answers to Common Virginia Speeding Ticket Questions

What Are the Prepay Fine and Court Costs for My Speeding Ticket?

If you prepay your speeding ticket you will pay $51 in court costs in addition to a fine. The fines are calculated by each mile per hour over the speed limit. If you were ticketed in a Highway Safety Corridor, then your fines double. If you go to court instead of prepaying your ticket the judge sets the fine and the fine amount can be $0-$250 and the court costs are $61. Not showing up to your court case if you choose not to prepay will cost you an additional $35 in court costs.

46.2-870 Speeding Generally - $6 per mph over the speed limit

46.2-871 Speeding: School Buses - $6 per mph over the speed limit

46.2-872 Speeding: Special Permit Vehicles - $6 per mph over the speed limit

46.2-873 Speeding in School Zone - $7 per mph over the speed limit

46.2-874 Speeding in Business/Residential Districts - $6 per mph over the speed limit

46.2-876 Speeding: Passenger Vehicles w/ Trailers - $6 per mph over the speed limit

46.2-878 Exceeding Speed Limit Set by DOT - $6 per mph over the speed limit

46.2-878.1 Speeding in a Work Zone - $7 per mph over the speed limit

46.2-878.2 Speeding: Certain Residential Zone - $200 + $8 per mph over the limit

46.2-881 Speeding in Certain Bridges/Tunnels - $6 per mph over the speed limit

How Many Points Is My Va Speeding Ticket?

Speeding more than 20 mph over the limit -6 Demerit Points

Speeding 10-19 mph over the limit - 4 Demerit Points

Speeding 1-9 mph over the limit - 3 Demerit Points

46.2-877 (Driving too slowly) - 3 Demerit Points

Should I Hire a Virginia Traffic Attorney?

You can always get a free consultation from a Virginia Traffic Attorney, so why not get a free consultation before making any decisions about your speeding ticket. If you are not sure whether you need an attorney consider these possibilities.

  • Is this traffic ticket a criminal offense (for example: Reckless Driving)?
  • Will this traffic ticket increase my auto insurance?
  • Will conviction affect my job?
  • Can I afford the DMV points?
  • Will this violate my DMV probation or Control Period?
  • Do I have other pending traffic or criminal cases?
  • Did this traffic ticket involve an accident?

For more information on whether hiring an attorney is right for you click here.

How Do I Beat a Virginia Speeding Ticket?

In order to be convicted of speeding an officer needs to be able to establish that speed measuring device (radar, lidar, or pace) was working properly, was calibrated correctly and was used correctly.

For more information about possible lidar, radar, and pacing defenses click here.

Should I Get My Speedometer Calibrated?

If you plan on testifying in court that you were not speeding or if you do not know whether your speedometer was accurate, get your speedometer calibrated. identifying an inaccurate speedometer is important to your case and important to preventing future speeding tickets. For a list of places in Virginia and Maryland where you can get speedometer calibrations click here.

Should I Take a Virginia DMV Driver Improvement Class?

If you have a Va Driver’s license and your DMV point balance is negative (for example -5) and you have NOT taken a Driver Improvement Course in the last 2 years then you may want to take a Driver improvement class prior to your speeding ticket trial. Otherwise, consult with a speeding ticket attorney prior to taking a driver improvement course to find out if doing so will disqualify you from a court ordered speeding ticket reduction program. For more information about when and how to take a DMV driver improvement course, click here.

Can I Appeal My Speeding Ticket Case?

You can appeal any speeding ticket or other case in General District Court within 10 calendar days from your GDC court date. Appeals are submitted by filing out a form at the GDC court clerk’s office within 10 days. When you appeal a speeding ticket to Circuit Court, you will be innocent pending appeal and the circuit court judge will completely redo the trial without knowing what was said or done in the first trial. For more information about appealing speeding tickets click here.

What is Virginia Traffic Court Like?

Traffic court is often crowded, rushed and systematic. A single traffic court judge in a large jurisdiction may hear 200 cases in one morning. Traffic court rules and procedure vary from jurisdiction to jurisdiction. Many court do not allow phone, computers, or recording devices. To watch an instructional video about Fairfax County Traffic Court click here.

Will My Speeding Ticket Affect My Auto Insurance?

Yes it can. Here are some general rules about when speeding tickets affect auto insurance premiums. For more information about the effects of speeding tickets on auto insurance click here.

  • The better your driving record is, and the lower your premium, the more likely it is for your insurance to go up significantly.
  • If you have insurance through a preferred provider (an insurance company that specializes in covering only good drivers), a conviction is more likely to raise your insurance rates.
  • If you are charged with speeding more than 20 mph over the speed limit (or in some cases more than 15 mph) you may see a significant increase in insurance premiums.
  • Young drivers (under 25), drivers who recently acquired their current insurance policy, or drivers who recently qualified for a good driver discount are more likely to experience a dramatic increase in insurance premiums.
  • If you have previously been convicted of a traffic offenses within the last year.
  • Your DMV points and your insurance company’s point system are not related. You must talk to your insurance provider if you want to know how they weigh specific offenses.

Can a Traffic Attorney Get My Speeding Ticket Dismissed?

A traffic attorney may get a traffic ticket dismissed if there are legal defenses available or if the driver qualifies for a local traffic school program and such a program is available in that jurisdiction. Frequently, a competent speeding ticket attorney can get a speeding ticket reduced to a lower level traffic infraction that carries less sever effects on insurance, points or the driver’s record.

Most qualified speeding ticket attorneys offer free consultations over the phone or in person and are able to explain the likely outcomes of your specific case. For more information on local speeding ticket attorneys click here.

Luke J. Nichols

Nichols & Green pllc

www.nicholsgreen.com

(703) 383-9222

[email protected]

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