Virginia Traffic Violation Records

Virginia traffic violation records refer to official documents with information on a driver's history of traffic offenses committed within the jurisdiction of the state. These records are maintained by the Virginia Department of Motor Vehicles (DMV), and they include violations relating to reckless driving, DUI, speeding, and other infractions.

Compared to other states in the United States, Virginia has a high percentage of drivers who have a prior speeding violation on their record. About 12.7% of drivers in the state have been issued a speeding ticket at one point or another throughout their driving history. This is over 2% more than the national average of 10.5%.

There are both short- and long-term effects of accumulating too many traffic violations in Virginia. These violations may lead to increased insurance premium fines and potential license suspension.

Are Traffic Violations Records Public in Virginia?

Although Virginia DMV records are not generally available to the public, traffic court records are accessible to the public under Section 17.1-208 of the Code of Virginia. Note that traffic violations escalate to criminal offenses, such as DUI, vehicular manslaughter, and reckless driving, which often result in a court case. Records of these traffic crimes are managed by the Virginia General District Court or the circuit court, depending on the severity of the case. Unlike DMV records, court records are generally accessible to the public in most cases.

For traffic records held by the state DMV, Virginia law considers them privileged information which may only be available upon request by yourself or groups requiring DMV records to perform their jobs, such as insurance agencies and law enforcement agencies.

How To Look Up Traffic Tickets in Virginia?

You may look up your traffic ticket in Virginia by visiting the General District Court Online Case Information System to perform a search. Alternatively, you may visit the Virginia DMV website to access your driving record. Once logged in, you may review your driving record for any outstanding tickets or citations. Note that to perform a Virginia traffic ticket lookup, you will need to provide information such as the ticket number, driver's license number, citation date, and your name.

Also, if you have lost your traffic ticket, you may use the Virginia Online Case Information System-Statewide Search to perform a search using your name.

Another method through which the public may look up traffic tickets in the state is a third-party website database search. Some reliable third-party websites, such as publicrecords.us, provide up-to-date information on Virginia traffic ticket records.

Where Do I Pay Traffic Violations?

Depending on the court with jurisdiction over the ticket, you may pay a Virginia traffic ticket via the circuit court or general district court portal. Online payments for tickets within the jurisdiction may be made as pre-court payment or post-court payment. However, if the court has not received your payment within 90 days following your court date, your account will be sent to collection, and interest will accrue 181 days following the court date. Note that payments may also be made by mail or in person at Virginia general district courts.

How Much Does It Cost To Request Your Driving Records Online?

You may obtain your Virginia driver record by completing a request to the DMV online, by mail, or at a customer service center. The Virginia DMV issues the following types of driver records:

• Driver or personal use driving record: This record is issued for personal use and contains up to 11 years of driving history
• Driver/Employment/School/Military: This record contains up to 7 years of driving history and may be issued to the record owner, schools, employers, branches of armed forces, or their authorized agents
• Driver/Transportation Network Companies: Also contains up to 7 years of driving history and is only issued to TNC for employment purposes
• Driver/Insurance: Contains a summary of an individual's driving record and is issued for insurance purposes. It also contains up to a 5-year driving history
• Driver/Habitual Offender Restoration: This record contains up to an 11-year record and is sued to petition the court for restoration of a driver's license

For a mail application, send a completed CRD-93 Form to:

A Virginia driving record costs $9. The record contains details such as moving violations, traffic tickets, accidents, and any points assessed against your license.

What Are Moving and Non-Moving Violations in Virginia?

In Virginia, traffic violations are often categorized into two: non-moving violations and moving violations.

Non-moving violations involve infractions that occur when a vehicle is not in motion. These typically include parking violations, expired registration, failure to maintain financial responsibility, unlawful vehicle modifications, or safety-related issues like a broken taillight. While these offenses often result in fines, they do not add demerit points to your driving record.

In contrast, moving violations occur while a vehicle is in motion. Common examples include speeding, improper passing, DUI, and reckless driving. The penalties for moving violations vary per the severity of the offense. For instance, a minor speeding ticket may be punished with a fine and three demerit points on your driving record. However, more serious offenses like reckless driving may lead to harsher consequences, including steep fines, license suspension, and even jail time.

How Long Does DUI/DWI Stay on Your Record in Virginia?

In Virginia, a DUI offense remains on your driving record for 11 years. Although the terms DUI and DWI are often used interchangeably in the state, there is a difference between the two. DWI specifically refers to alcohol intoxication, while DUI can include impairment from alcohol, drugs, or a combination of substances. A DWI charge typically arises when your BAC exceeds 0.08%, but you can still be charged based on impaired driving behavior.

Alcohol-related fatalities have fallen by more than 25% over the past three decades in Virginia. Also, about 25% of all traffic fatalities in Virginia are alcohol-related. The state records 296 DUI arrests per 100,000 drivers.

Drunk driving is considered a serious crime in Virginia. Consequently, the state has some of the most stringent drunk-driving laws in the United States. Both DUI and DWI offenses carry severe consequences, including fines, license suspension, mandatory counseling, and potential jail time. The penalties increase with repeat offenses or aggravating factors like high BAC or causing an accident. Convictions can impact your personal and professional life, showing up on your criminal record, affecting employment and housing opportunities, and increasing insurance premiums.

What Are the Penalties for Breaking the Speed Limit in Virginia?

Virginia speed limit laws establish certain speed limitations for motorists, including the following:

• School zones and residential areas: 25 mph
• Unpaved roads: 35 mph
• Highways: 55 mph for most highways and up to 70 mph on certain interstate roads

Section 46.2-878.3 of the Virginia Code specifies fines for speeding violations and allows for prepayment in certain instances. Typically, minor speeding offenses attract a fine of $6 for every mile per hour over the speed limit. However, in school or work zones, this fine may be increased to $7 per mile over the limit. Speeding fines in residential areas usually attract $200 and $8 per mile over the limit, while speeding violations in highway safety corridors may attract up to a $500 fine.

Note that driving 20 miles per hour or more over the posted speed limit or over 85 miles per hour, regardless of the limit, is generally classified as reckless driving and a criminal offense. A reckless driving offense may be punished with fines reaching $2,5000, jail time of up to 12 months, and a potential license suspension.

Also, speeding violations typically result in demerit points added to driving records. Accumulating 12 points within 12 months or 18 points within 24 months requires completion of a driver improvement clinic, while accumulating 8 points within 12 months or 24 points within 24 months leads to a 90-day license suspension, followed by a six-month probation period.

How Long Does a Speeding Ticket Stay on Your Record in Virginia?

In Virginia, a speeding ticket typically stays on a driver's record for five years. However, the associated demerit points from the violation remain on the record for two years from the date of the offense.

How To Appeal A Traffic Ticket?

You may fight a traffic ticket in Virginia in the following way:

• Good Driving History: Demonstrating a clean driving record can show the court that you are generally a responsible driver who made an isolated mistake.
• Speedometer Defect: If your speedometer was malfunctioning and you were unaware of how fast you were driving, you may argue that the speeding was unintentional. Providing evidence of the defect, such as a mechanic's report, may strengthen your case.
• Radar Device Error: If you believe the radar device was not functioning correctly or was improperly used, you may challenge the accuracy of the speed reading.
• Legitimate Emergency: Situations such as rushing someone to the hospital or escaping a dangerous situation may be used to justify the need to exceed the speed limit. Providing evidence of the emergency, such as medical records or witness statements, will be required.
• Procedural Defense: Procedural defenses focus on errors in how the ticket was issued, such as clerical mistakes or improper protocol by the officer. While these defenses do not dispute the speeding itself, the technical issues raised may lead to a dismissal of the case.

While you may represent yourself in many traffic cases, it comes with certain risks due to the complex nature of traffic laws in the state. Therefore, if you are dealing with multiple violations, hefty fines, or possible jail time, hiring an experienced traffic attorney to represent you may be the better option.

How To Resolve an Out-of-State Traffic Ticket?

The Driver License Compact (DLC) and the Non-Resident Violator Compact (NRVC) are reciprocity agreements between participating states in the United States. The DLC requires states to report traffic convictions to the driver's home state, while the NRVC requires states to suspend the license of drivers who fail to handle out-of-state violations.

Hence, if you were issued a traffic ticket in another state, it may be reported to the Virginia DMV. The DMV in Virginia may punish by the penalties for that offense as stated in Virginia traffic laws. Similarly, an out-of-state resident visiting Virginia who violates the state's traffic law will be reported to their home state.

To contest an out-of-state traffic ticket, you may consider the following defenses:

• Contest by Affidavit: Some states allow you to contest the ticket by submitting a written affidavit explaining your defense.
• Hire an Experienced Local Traffic Attorney: An attorney familiar with the state's traffic laws may represent you and potentially reduce fines or dismiss the charges.
• Challenge the Evidence: This includes questioning the accuracy of radar or speed detection devices.
• Present Mitigating Factors: If there were justifiable reasons for speeding, such as a medical emergency, you can present them to the court.
• Negotiate a Plea Deal: Some courts may allow drivers to plead to a lesser offense with reduced penalties

How Do Virginia Traffic Laws Differ From Other States?

While all states have traffic laws, these laws vary in their specific provisions. The following are unique traffic laws in Virginia:

• Speeding in Virginia is not a minor violation. Driving 20 mph over the limit or exceeding 85 mph is considered reckless driving, a criminal offense with severe penalties, including fines up to $2,500, license suspension, and possible jail time.
• Using a phone at a stoplight is prohibited under Virginia's hands-free law. This includes browsing social media, calling, and texting. Violations can result in fines and points on your driving record, potentially increasing insurance rates.
• Motorists must comply with signage instructions prohibiting right turns on red and ensure the way is clear before proceeding. Failure to adhere to these rules can result in fines and points on your record.