Getting a traffic ticket is frustrating and annoying, especially when you know the officer made a mistake. But many people think that contesting a ticket is a waste of time, so they pay for tickets even when they know they didn’t do anything wrong. However, most people don’t realize that a traffic ticket or violation stays on your record for several years.
You could face serious legal and financial problems if you accumulate traffic violations. That’s why it’s important to fight to keep them off of your record. You stand a better chance of successfully contesting your traffic ticket when you have help from a highly experienced and successful traffic defense attorney like Michael Pignone. Mr. Pignone has been helping good people get out of bad situations since 1995, and he’d be honored to help you keep your driving record as clean as possible.
Virginia’s traffic laws are tough. The penalties are severe, and the long-term effects can be harsh. The harsh penalties are intended to punish those who violate traffic laws and deter people from repeatedly committing the same offense.
The Virginia Department of Motor Vehicles (DMV) established a demerit points system to keep track of bad drivers. Each traffic ticket conviction goes on your record and stays there for a set period of time. The length of time it remains on your record depends on the severity of the offense. The DMV will take corrective action—like ordering you to complete a safe driving course or suspending your license—if you accumulate too many demerit points.
However, Virginia’s demerit point system can be confusing. Demerit points come off your record every two years, but traffic violation convictions remain on your driving history until the designated time period elapses. And to further confuse things, the Virginia DMV’s demerit point system is not related to your insurance company’s point program. They are two distinct ranking systems. Therefore, your insurance company could assess points on your license and charge you a higher premium because you have a history of traffic tickets.
Virginia has three categories of ticket offenses. They are:
Each category of offense will come off of your record in the amount of time designated by the DMV. These offenses include any out-of-state violations as well.
Six-point offenses typically remain on your record for 11 years unless designated as an offense that will remain on your record permanently. Six-point offenses include:
Some six-point offenses stay on your record for only three or five years. However, commercial drivers should expect a six-point offense to remain on their driving record permanently.
In general, four-point violations stay on your record from 3-11 years, depending on the violation. However, most four-point offenses stay on your record for either three or five years.
For example, speeding offenses that do not exceed 20 miles per hour above the speed limit and aggressive driving offenses remain on your record for five years. However, unsafe passing or failing to stop or yield convictions remain on your record for three years.
Most other offenses will come off your record after three years. The most notable exception involves infractions committed by commercial motor vehicle drivers—which stay permanently on your record.
Three-point offenses generally stay on your record for three years. However, commercial drivers are treated a bit differently in at least two situations—when alcohol is detected in their blood or when they text and drive. Alcohol offenses for commercial drivers generally stay on their record permanently, and texting and driving will stay on their record for five years. All other three-point offenses, with perhaps limited exceptions, can be removed after three years.
Virginia also rewards safe drivers. You can earn one safe point for every calendar year in which you do not pick up a traffic violation or license suspension. The Virginia DMV allows you to amass five safe points. The DMV also allows you to pick up safe driving points if you complete a safe driving course that was not court-ordered. If court-ordered, only the court can award safe driving points for taking such a class.
The Virginia DMV awards safety points in April for the previous year. But the DMV tacks on your demerit points as soon as the DMV receives a copy of a conviction from the court.
You admit responsibility when you pay a ticket. There is really no way to fix it once you’ve paid for the ticket. The court will notify the DMV of the conviction, and then the DMV will take the appropriate action on your license.
Getting a skilled and dedicated traffic defense lawyer involved right away could dramatically increase your odds of beating a ticket. Even if you know you’re responsible for the moving infraction, fighting it in court could get your ticket knocked down to a lesser offense.
Sometimes you can beat the case altogether if you have a valid defense to your traffic citation. For instance, the officer might have cited the wrong vehicle for speeding or falsely believed that you were responsible for causing an accident when it was really someone else.
With reference to “how long does a ticket stay on your record,” it is important to know that the DMV uses the demerit point system to keep an eye on drivers’ behaviors on the road. Every traffic violation you commit is given a specific number of points, depending on how severe it is.
When you collect these driver’s license points, they serve as a major red flag to the DMV as they tell the agency that you are a dangerous driver. If you rack up too many points in a short period, the DMV may see you as a high-risk driver. For example, accruing 12 points in 12 months or 18 points in 24 months can result in mandatory attendance at a driver improvement clinic or a defensive driving course. If you don’t attend this training, your driver’s license can get suspended for good.
Sometimes, multiple speeding tickets cost more than your license – they could also affect your car insurance premium. As you are assigned demerit points for a variety of offenses, you are labeled a “riskier driver”. Car insurance companies almost always consider these points when determining your monthly premium rates. The result is that the more points you have, the higher your car insurance rates might be.
Minor offenses, like a parking ticket, might not affect your rates at all. But more severe violations, such as DUIs or reckless driving, can cause a substantial increase in your auto insurance premiums. How long a speeding ticket stays on your record – due to repeat offense of breaking the posted speed limit – also plays a role here.
As far as your auto insurance company is concerned, committing all these serious offenses proves that you don’t care enough about your safety or others when you are on the road, and means they might have to pay out more in claims.
One mistake on the road should not define your life. At the Law Offices of Michael A. Pignone, our Virginia traffic violation lawyer knows that everyone makes mistakes and everyone deserves a fresh start. Don’t let a speeding ticket affect your future. When you work with us, we will leave no stone unturned to clean up your driving record. To that end, here are some of the steps we take:
For a police officer to pull you over, they must have what is known as reasonable suspicion. If you were pulled over without a valid reason, any evidence the officer collects during the stop – finding illegal items in your car, smelling alcohol on your breath, and so on – could get thrown out in court. We will request the dashcam and bodycam footage from the police officers and their motor vehicles to see if it supports their claim for the stop. If the video doesn’t show you violating any rule, we can use that in your favor.
Our leading attorney, Michael A. Pignone, has a unique advantage when it comes to handling traffic violations in Virginia because of his experience on both sides of the courtroom. Having served as a prosecutor for the city of Manassas Park, Michael understands how the other side thinks. He knows what kind of evidence they use, what they might consider a strong or weak case, and what might make them reconsider the charges.
Over the years, Michael has built relationships with many local prosecutors. This doesn’t mean he gets special favors, but it does mean he can discuss the cases with them in an open, honest way. He can also effectively argue for reduced charges.
Expungement refers to the legal process of erasing or sealing a charge from your public record. Not every traffic crime or speeding ticket in Virginia can be expunged, but if you qualify, it can mean hitting the undo button on the legal proceedings.
We can evaluate if your traffic crime charge is eligible for expungement. Every case is different, but generally speaking, we can seek to get your record expunged if you were found “not guilty: of the charge, the charge was dismissed, and you were granted an absolute pardon for the alleged crime.
We will guide you through the paperwork, represent you in court hearings, and argue on your behalf. The state is quite considerate of people with first-time offenses, so if you have never been in trouble before, we can help you. The expertise of our Virginia reckless driving lawyer team can be the difference between a successful and unsuccessful expungement.
When you have a traffic citation, talk with Michael Pignone before paying the ticket. The chances are good that Michael has seen a case like yours before. He’s been fighting for the rights of the accused since 1995. With over 10,000 clients served, there are few factual scenarios Michael has not handled. Contact the Law Offices of Michael A. Pignone today to find out more about his award-winning service and dedication to preserving your rights.
Michael Pignone was raised and has lived in Prince William County since 1972. He attended public schools in the county and graduated high school from Osbourn High in Manassas. Following high school, he attended George Mason University where he graduated with honors from the Business School with a Bachelor’s Degree in Finance. He was then accepted into, and graduated with honors from, Suffolk Law School in Boston, Massachusetts. Before entering private practice, he clerked for the Prosecutor in the Prince William County Commonwealth’s Attorney’s Office.
You may be wondering: what is reckless driving? In Virginia, reckless driving is a Class 1 misdemeanor. If the court successfully convicts you, you will face massive fines, jail time, and the potential loss of your driver’s license. This can be especially tricky for drivers outside of Virginia, as they typically have to fight these charges from long distances. The best thing you can do is to avoid ignoring a reckless driving ticket and treat it the same as a normal traffic ticket. Being proactive in finding a knowledgeable lawyer to build a solid defense for you will go a long way for reckless driving cases. To learn more about reckless driving defenses, contact a reckless driving lawyer from the Law Offices of Michael A. Pignone. How is Reckless Driving Categorized in Virginia? Reckless driving is not a singular charge in Virginia. Virginia considers several actions to be reckless driving. The Virginia Code has a variety of reckless driving statutes, but most charges will fall under the following three laws. Reckless Driving- General VA Code § 46.2-852 The driving of a vehicle in any way that endangers the lives, limbs, or properties of any people irrespective of the maximum speeds that are permitted by law. Reckless Driving- Faulty Brakes VA Code § 46.2-853 Driving a vehicle on a Virginia highway when the driver has failed to maintain adequate or proper brake adjustments, causes the vehicle to have improper control. Reckless Driving- Excessive Speeds VA Code § 46.2-862 This entails driving a vehicle on a Virginia highway at speeds of 20 mph or more above the posted maximum speed limit or driving 85 mph or more regardless of the posted maximum speed limit. Consequences of a Reckless Driving Conviction One of the most commonly charged traffic crimes in the Commonwealth of Virginia is reckless driving through speeding. With consideration of these Virginia laws, as well as other specific statutes, a judge can punish various reckless driving behaviors. Unlike general traffic violations, Virginia courts punish reckless driving as a Class 1 misdemeanor. The court considers reckless driving to be as serious an offense as certain forms of arson, impersonating a police officer, and assault. This means you cannot simply pay the ticket you were cited for and have the reckless driving charge go away. Since it is a criminal charge, you will need the expertise of a reckless driving attorney to help you fight the charges in a Virginia court. Fines A Class 1 misdemeanor results in fines of up to $2500. The fine you receive can vary greatly depending on the court’s policy, your driving record, speed (if applicable), and several other factors. For a Virginia reckless driving ticket, the average fine is calculated as though it were a regular speeding ticket of $6 for every mile per hour driven over the posted speed limit, but this varies depending on the rules of the local jurisdiction. License Suspension Most people depend on their driver’s license to get to and from work, but in many cases, a judge will suspend a driver’s license if the reckless driving charge includes speeds of twice the posted limit (such as 61/30). Drivers traveling at speeds exceeding 90 mph are more apt to receive a suspended license. Drivers who have a CDL (Commercial Driver’s License) may also lose their license. Jail Time Generally, reckless driving is not punished with jail time. However, drivers speeding at 95 or 100 mph may face jail time. It is critical that you speak with a reckless driving lawyer to better understand how your case may be handled. Criminal & Driving Record If a conviction for reckless driving is successful, the driver will have a criminal record for the rest of their life, as criminal records cannot be expunged in Virginia. Out-of-state drivers are subject to the punishment given in Virginia except for a few select states. Virginia drivers are dealt six demerit points on their record, which will remain on their driving record for 11 years. Increase in Insurance Premiums Every insurance company has different policies for handling increases in premiums for driving infractions. The insurance company will look at a number of factors when determining if they will increase premiums due to reckless driving charges. You should speak directly with your insurance agent to understand what penalties will result from your case. Employment Loss Virginia drivers who need their licenses to make a living could lose their jobs if they receive a suspended license or reckless driving conviction. Drivers with CDLs often have their license suspended when convicted of reckless driving. The driver’s prior violations will be considered before the disqualification of their CDL. Criminal Convictions and Burdens of Proof Reckless driving charges depend greatly on the speed the police officer’s speed radar gun captures you traveling. A common defense to reckless driving is to argue a mistake was made by either the speed gun or the police officer. The court will question the officer about what occurred during the traffic stop, including the statements you made regarding your driving. Since your words can be used against you, you must speak cautiously during a traffic stop. Trying to justify your speeding could be used against you. Admitting to criminal behavior (even by accident) can impact the outcome of your case negatively. Failing to appear in court will result in additional penalties. You must always attend court dates related to the charge of reckless driving. If you cannot make a court date, you or your attorney should immediately reach out to the court. An Experienced Reckless Driving Attorney Can Help You Reckless driving is taken very seriously in Virginia, and the consequences you could face are high. Understanding and navigating the Virginia legal system can be overwhelming for most laypersons. A reckless driving attorney can help you build a strong case to fight your charges and protect your legal rights. An aggressive traffic violations attorney from the Law Offices of Michael A. Pignone can assist you with your charges. Contact.
Virginia comes down hard on those charged with reckless driving. In Virginia, reckless driving is considered a Class 1 misdemeanor, which would create a criminal record if the person is convicted and involve some harsh penalties. So, many people wonder, how many miles over the speed limit is reckless driving in Virginia? Speeding is taken very seriously by Virginia police officers, so it is important to understand the state’s speeding laws rather than learn the hard way. If you have been charged with reckless driving, you need to protect your rights by contacting an aggressive Virginia reckless driving lawyer. The knowledgeable criminal defense attorney from the Law Offices of Michael A. Pignone has helped thousands of clients fight criminal charges in Virginia and can help defend you against reckless driving charges. General Speeding vs. Reckless Speeding Virginia does not consider all speeding violations to be reckless driving. Reckless driving is when someone’s excessive speeding can endanger people’s lives or their property. The traffic violation we typically call speeding is charged when someone goes 1 to 19 miles over the speed limit or up to 84 miles per hour. If a police officer catches you going over the speed limit in any area on any highway or street, they can pull you over and ticket you. Driving at the speed limit or under is the easiest way to avoid being cited for a speeding ticket in Virginia. If a police officer catches you driving over 85 mph or 20 mph (or more) above the speed limit, you may receive a Class 1 misdemeanor summons to court for reckless driving. If you are pulled over for speeding, you should cooperate and be polite to the police officer. A Virginia reckless driving lawyer can help you fight these charges if you received the summons or ticket in error. Reckless Driving Penalties in Virginia The penalties for reckless driving in Virginia will depend on several factors. A few of these factors include your driving record and the details of your case. A conviction for reckless driving in Virginia can include penalties like fines, court costs, jail time, and loss of your license. Reckless driving is a misdemeanor offense, so Virginia does not allow you to pay for a reckless driving ticket right away. You will be required to show up in court to deal with your charges. If the judge finds you guilty of reckless driving, you could face the following penalties: You will have a criminal record if you are convicted of a misdemeanor in Virginia. Criminal records can cause difficulty in passing background checks for the military, rental applications, work, or school. It is important to have an attorney working on your case prior to going to court to answer your charges. Can You Get Jail Time for Reckless Driving? Reckless driving is a misdemeanor in Virginia. Unlike receiving a warning or speeding ticket, reckless driving is criminal in nature and could be punished by jail time. Most judges do not consider jail time when a driver travels 85 or 90 miles per hour. You may wonder if you could get jail time if you are ticketed for reckless driving in Virginia. Jail time will depend on the details of your case, the local judge, and the prosecutor. Jail time may also vary depending on the county in which your charges were brought. You will not be arrested for violating speeding laws, but if you were found to be under the influence of drugs or alcohol or have any outstanding warrants, you could be arrested on the spot. In some Virginia counties, if you are pulled over for aggressive or reckless driving, you could automatically receive jail time for traveling over 90 miles per hour. For first-time offenses, there is a low likelihood of receiving jail time for a reckless driving charge, but it is critical you have legal counsel when you go to court. When Does a Speeding Case Warrant Hiring an Attorney? An experienced traffic defense attorney from the Law Offices of Michael A. Pignone should be called if you believe you have been wrongly summoned or ticketed for speeding. A call is even more important if you are facing reckless driving charges in Virginia. A dedicated reckless driving lawyer can defend your legal rights. A Virginia prosecutor’s job is to prove beyond a reasonable doubt that you broke a law. Reckless driving charges will not stick if the prosecutor cannot make their case. An experienced attorney can poke holes in the prosecution’s case, instilling doubt about the validity of the charges. Michael A. Pignone knows which defenses can be used against Virginia’s reckless driving charges. Our law firm will work closely with you to discuss the details of your case prior to your court date. You will be equipped with the most effective defense plan to help get your reckless driving charge waived or reduced. Contact Our Reckless Driving Attorney Today Speeding is taken very seriously in Virginia and attempting to handle your charges alone is never a good idea. Reach out to our aggressive reckless driving attorney, Michael A. Pignone, using our online form to schedule a consultation.
People make bad decisions, but that does not mean their lives should be ruined. If you have gotten behind the wheel after drinking or taking drugs, you could potentially get a plea bargain that involves a reckless driving charge rather than the penalties of a DWI conviction. This helps you avoid the repercussions of a DWI conviction and instead receive the lesser consequences of a reckless driving offense. Being charged with a DWI can be a scary experience that affects your professional and personal relationships and has significant legal repercussions. With that being said, you may be wondering what percentage of Dui cases get reduced in Virginia. If you have been arrested for a DWI, you need a DWI lawyer working for you. For over 25 years, Michael A. Pignone has been defending clients against criminal charges by fighting for their rights and handling the difficulties of the Virginia legal system. With the help of our aggressive law firm, you can fight to have your DWI charges reduced and face a better outcome. Virginia DWI Laws In Virginia, the offense charged with driving while intoxicated uses the DWI initialism, but many people still refer to this offense as a DUI. The Virginia DWI laws prohibit any motorist from operating a vehicle when: Penalties for Virginia DWI There are a variety of penalties for a DWI conviction. These penalties can depend on whether or not there were previous DWI offenses on the individual’s record. In most cases, people will receive jail time, fines, or a combination of both. DWI 1st Offense DWI 2nd Offense DWI 3rd Offense Does Virginia Reduce DWI Charges? In Virginia, it can be possible to get DWI charges reduced to a lesser violation. A skilled criminal defense attorney can work to reduce your DWI charges to what is sometimes called a “wet reckless.” A reckless driving offense involving alcohol or drugs is typically called wet reckless. Rather than having to face the penalties that come with a DWI conviction, your attorney can help you with a plea bargain that involves a reckless driving charge. This means you could avoid the DWI conviction penalties and accept the punishments of a reckless driving offense. Virginia reckless driving charges could result in: How Can You Reduce a Virginia DWI Charge to Reckless Driving? It can be a challenge to get a Virginia DWI charge reduced. Ultimately, only the prosecution holds the authority to allow an individual’s criminal charges to be reduced. Your criminal defense lawyer will need to build and present a convincing case to persuade the prosecutor that a reduction of charges is appropriate for your situation. Your defense lawyer may attempt to prove that the evidence against you is flawed or is of questionable validity. They may also use the elements of your DWI case to establish that you deserve to be dealt a lesser charge. Every DWI case is unique, but when the prosecution considers lesser charges, they will check if the candidate meets the following criteria: Charges for reckless driving do not have the same penalties as a conviction for a DWI. A reckless driving charge also does not carry the same social stigmas as a DWI. An experienced Virginia criminal defense lawyer can discuss the potential for reduction of a DWI charge to a reckless driving offense. Legal defenses For Reduced DWI charges After reviewing your case, your attorney will build a strong defense against the prosecution. Often, the state is confronted with issues regarding evidence in DWI cases. The following are some possible defenses your attorney will use to seek reduced or dropped DWI charges: These are just a few ways your attorney can poke holes in the prosecution’s case. In such situations, the state will often look at Virginia law and choose to reduce the DWI charge. Charges may also be reduced if someone is arrested for DWI even after they performed well on a field sobriety test. Contact Michael A. Pignone For Legal Counsel Good people can make bad decisions because no one is perfect and mistakes happen. An arrest and DWI charge can impact every aspect of your life, and you should not have to face Virginia’s legal system without help. You need the help of a knowledgeable criminal defense attorney who has experience fighting the legal system and knows how to protect the rights of their clients. Our law firm has the expertise to defend your DWI charges in Virginia. Let us help you get your DWI charges reduced so you can move forward with your life and put this incident behind you. Contact the Law Offices of Michael A. Pignone Using our online form for a free review of your DWI case.
