Virginia Traffic Court

Posted on October 10, 2012 by Luke Nichols

Virginia Traffic Court

What is Virginia Traffic Court?

Virginia’s Traffic Court is a colloquial term for traffic cases heard in General District Court (GDC) or Juvenile and Domestic Relations (JDR) Court. Some jurisdictions such as Fairfax County have special courtrooms just for traffic cases, but theoretically any GDC or JDR court judge can hear a civil or misdemeanor traffic case.

Are All Va Traffic Court Cases Traffic Tickets?

No! You can be charged with a criminal offense and be summoned to appear in Traffic Court. Driver’s accused of the criminal offense of reckless driving often see the “traffic Court” box checked on their summons and mistakenly believe they are charged with just a traffic ticket. Many criminal charges are commonly heard in traffic court, DUI, hit and run, driving on a suspended license, and reckless driving are all common traffic crimes that are heard in Virginia traffic courts.

How Should I Dress in Virginia Traffic Court?

Business casual or better is recommended for traffic court. Members of the military should follow military rules regarding wearing their uniforms while on trial. Shorts, flip flops, spaghetti straps, revealing clothing, or clothes with crude messages on them are not appropriate. Some judges will ask you to leave if you try to wear them to court.

Cell Phones, Cameras, and Laptops in Traffic Court.

Most Virginia traffic courts will not allow cell phones, laptops, ipads, cameras, pagers, or anything that beeps, records, or takes photos. Check the court prior to bringing any of these items to court. Guns, knives (even small ones), pepper spray, mace ect. are illegal to bring into court. Most traffic courts in Va have metal detectors and security check points where bags are x-rayed and searched.

Luke J. Nichols

The law firm of Nichols & Green pllc

www.nicholsgreen.com

(703) 383-9222

lnichols@nicholsgreen.com

Posted in Defending Yourself in Traffic Court, Driving on Suspended License, DUI/DWI, Misc. Traffic Tickets, Reckless Driving, Speeding Tickets | Tagged , , | Comments Off

What if the Officer Does Not Show up to Virginia Traffic Court?

Posted on October 9, 2012 by Luke Nichols

What if the Officer Does Not Show up to Virginia Traffic Court?

Drivers are always asking me what will happen if the officer does not show up to their traffic court case. Or drivers want to get a continuance to see if the officer won’t show up to court. In Virginia (especially Northern Virginia) this happens rarely and when it does happen, the judges usually just reschedule the trial.

Virginia Cops Show Up to Court for the Same Reasons You Show Up to Work.

Each month each officer has one or two days to go to court to prosecute all of their traffic tickets. A busy state trooper can write 170 traffic tickets in a single month. If that officer did not show up to court and a judge threw out their cases, that would mean a month’s worth of work goes down the drain.

If an officer blows off a court date without calling anyone or for no good reason, that officer can get in a lot of trouble. The court’s liaison officers work hard to prevent this from happening.

If an Officer Does Not Show Up The Court Usually Reschedules

If an officer has an illness, family emergency, or just does not show up, many Virginia judges will continue the case to prevent a month’s worth of cases from going away.

Winning a Case Because The Officer Did Not Show Up Is Rare in Virginia

I do about three hundred traffic cases a year and we only win one or two a year because an officer did not show up. It’s pretty uncommon in most Virginia courts.

Luke J. Nichols

The law firm of Nichols & Green pllc

www.nicholsgreen.com

(703) 383-9222

lnichols@nicholsgreen.com

Posted in Defending Yourself in Traffic Court, Driving on Suspended License, DUI/DWI, Misc. Traffic Tickets, Reckless Driving, Speeding Tickets | Tagged , , , , , | Comments Off

Stopping on Highways: Va Code 46.2-888

Posted on October 5, 2012 by Luke Nichols

Stopping on Highways: Va Code 46.2-888
In Virginia, stopping on a highway in a way that impedes traffic or is dangerous is illegal unless there is an emergency, an accident or a mechanical breakdown. If there is an emergency, accident or breakdown the driver must activate their hazard lights if the light are working.

Violating this law is a traffic ticket, though sometimes it is charged as a general reckless driving or aggressive driving in more serious cases.

46.2-888 (Stopping on a Highway) is a 3 point offense in Virginia.  Stopping on a Highway is pre-payable at $71 but may result in up to $312 of fines and court costs.

Stopping on Highways: Defenses
This offense can be hard to prove because an officer must prove that there was no emergency, accident or mechanical breakdown or that the hazard lights are working properly. Often this ticket is written after a stopped vehicle causes an accident. In that situation it is hard for the officer to arrive after-the-fact and to prove why the vehicle stopped and whether its hazard lights were working at the time.

If you receive a ticket for Stopping on a highway (Va code 46.2-888) you should consult an attorney IF:
•    The ticket involved an accident (prepaying the ticket may expose you to a law suit)
•    You have excessive demerit points
•    You are on any type of probation or control period.

Luke J. Nichols
The law firm of Nichols & Green pllc
www.nicholsgreen.com
(703) 383-9222
lnichols@nicholsgreen.com

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Va. Code § 46.2-816. Following too closely. Traffic Ticket Defense.

Posted on October 4, 2012 by Luke Nichols

If you have been charged with following too cloelsy in Virignia under Va. Code 46.2-816 I highly recommend reading the statute. The Statute for following too closely reads…

Va. Code § 46.2-816. Following too closely. (The actual statute)

“The driver of a motor vehicle shall not follow another motor vehicle, trailer, or semitrailer more closely than is reasonable and prudent, having due regard to the speed of both vehicles and the traffic on, and conditions of, the highway at the time.”

Following Too Closely: CDL Holders

Following too closely is very serious if you have a CDL (Commercial Driver’s License) getting a following too  closely ticket and another serious traffic ticket within three years will result in a 60 day disqualification (i.e. 60-day license suspension)

Following Too Closely: DMV Points

Following too closely is a 4 points offense which can led to a license suspension because of excessive DMV demerit points.

Following Too Closely: Fines

Following too closely can also result in a $250 fine normally and a $500 fine if committed in a Highway Safety Corridor (Parts of I-95 for example).

Following Too Closely: Defenses

In 90% of the following too closely tickets, there is an accident. Two cars traveling in the same direction get into an accident and the person who rear-ended the car in front gets a ticket for following too closely after the officer shows up on the scene.

These tickets can be easy to beat if your attorney knows what he or she is doing. The most important this to remember about following too closely tickets is that the officer must prove you were following too closely NOT just doing something wrong.

A rear-end collision is generally a sign that the second driver was doing something wrong but it does not prove that they were following too closely. A rear-end collision can be caused by falling asleep at the wheel, texting while driving, a medical emergency, faulty brakes, being cut off by a braking car, being hit by a car and pushed into the car in front, or even by being slobbering drunk.

An officer must prove that the accident was caused by following too closely instead of any of the other many things that can cause a rear-end collision. In order to do that, the officer needs a witness who saw you tail gating or the defendant needs to have admitted to the officer that they were tail gating.

If the officer did not do a proper investigation and did not establish that any of these other issues where to blame, defending your self in court can be a huge mistake.

If you are representing yourself in court, you are the one who talks to the judge and cross examines the officer. If you have an attorney, you most likely will not have to say anything in court. If your best defense against a following too closely charge is based on a lack of evidence the last thing you want to do is take the witness stand and then be forced to provide all the missing evidence. If an officer cannot prove you were following too closely, hire an attorney.

Luke J. Nichols

Nichols & Green pllc

(703) 383-9222

lnichols@nicholsgreen.com

www.nicholsgreen.com

 

 

 

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