Traffic Violations

Northern Virginia Traffic Violation Attorney

In Virginia, even a simple speeding ticket can have serious consequences. A conviction for speeding, reckless driving, or other moving violation can affect your freedom, your drivers license, and your insurance premiums. The effects of a traffic conviction can be long-lasting-- in Virginia, most traffic convictions remain your DMV record for three to eleven years. These negative results may be avoided or minimized if you seek competent legal counsel before you appear in court.

"Civil remedial fees" (also known as "abusive driver fees")

If you are a Virginia resident and you are charged with a traffic offense on or after July 1, 2007, you should consult with a traffic defense attorney at MacDowell & Associates. These new civil fees impose a significant financial burden to Virginia residents convicted of certain misdemeanor or felony traffic violations on the state's highways. If applicable to your charge, these new fees are IN ADDITION to the fines and court costs imposed by the court. Even if your Virginia Uniform Summons (traffic ticket) accuses you of a less serious traffic charge, after July 1, 2007, these new civil fees will be imposed on Virginia residents whose DMV record shows eight or more DMV demerit points at any given time (for example, most Speeding infractions under Va. Code 46.2-870 result in 4 or 6 demerit points upon conviction).

Here is a sampling of the offenses and assigned civil fees:

Reckless Driving (20+ mph over), Va. Code 46.2-862 ...$1,050.00

Reckless Driving (Generally), Va. Code 46.2-852 ...$1,050.00

Aggressive Driving, Va. Code 46.2-868.1 ...$1,050.00

Driving with No License (No Valid License), Va. Code 46.2-300 ...$900.00

Driving on a Suspended or Revoked License, Va. Code 46.2-301 ...$750.00

DWI/ DUI 1^st or 2^nd offense, Va. Code 18.266/ 18.2-270 ...$2,250.00

Felony traffic offenses ...$3,000.00

Even though some courts in other areas have questioned the validity of these new laws, these "civil remedial fees" apply where you have been charged unless and until a court with binding authority definitively rules on the controversy.

Because there is much more at stake when the officer writes up the Summons and accuses you, it is critical to speak with one of the experienced traffic attorneys at MacDowell & Associates before you go into court. By aggressively engaging the prosecutor and police officer in your case and a thorough knowledge of the myriad of procedural and constitutional defenses available to you, our traffic defense attorneys will take appropriate action to oppose these civil fees and obtain satisfactory results for you.

As experienced traffic defense lawyers, MacDowell & Associates can represent you with the objective of avoiding a conviction altogether or minimizing the consequences of a conviction. For more information regarding what you need to do to protect you driving privileges and avoid further legal problems, contact traffic violations lawyers at MacDowell & Associates today.

Traffic Violations

The traffic defense attorneys at MacDowell & Associates counsel and represent clients on all levels of traffic charges, from infractions to misdemeanors to felonies, especially the following:

• Driving with a suspended or revoked license
• No valid operator's license
• Driving after declared Habitual Offender
• Excessive speeding
• Hit and run
• Reckless driving by speed, Reckless driving generally, racing, aggressive driving
• Failure to yield
• Running a red light / top sign
• Passing a school bus

Aggressively Defending Clients Accused of Traffic Violations

At MacDowell & Associates, our traffic defense attorneys take a vigorous and aggressive approach for their clients. In speeding cases, they may order objective tests to measure the accuracy of the speedometer on your car. They may initiate action to challenge the patrol officer's RADAR unit or laser guncalibration (also known as LIDAR). In court, they will present the strongest case possible and work to overcome the charges.

Our job is to protect our client's interests, advocate in our client's defense, and to minimize the potential consequences of a conviction. Whether a case is resolved by trial or a plea offer acceptable to you, we firmly believe that a properly prepared case and a solid understanding of how to best guide your case through the court system usually lead to the best possible results.

Before the trial date in traffic court, there ARE things that you can do to better position yourself and your traffic defense lawyer, whether attending the right kind of driving school, getting your speedometer calibrated on a dynamometer (and obtaining a calibration certificate that meets Virginia's statutory requirements as admissible trial evidence), or improving your license status. Because each case presents its own challenges and opportunities, you should consult with an experienced traffic defense attorney at MacDowell & Associates.

Do Not Underestimate the Gravity of a Traffic Summons

Reckless driving is a misdemeanor in Virginia with a penalty of up to twelve months in jail and up to six months suspension of driving privileges. It also results in six demerits on your Virginia driving record, which carries negative consequences if you have other traffic offenses in the future.

Most Reckless Driving charges are specifically Reckless by Speed (Va. Code §46.2-862), which is defined as driving a vehicle at a speed of 20 miles per hour or more over the posted limit, or driving at any speed in excess of 80 miles per hour. DO NOT view such a charge as a glorified speeding ticket and fail to at least consult with an experienced traffic defense lawyer.

Of course, the facts, circumstances, and available defenses in each case vary. It is tempting (but risky) to assume that your case will be resolved in the same way that someone else's traffic case may've been handled. Nonetheless, experienced traffic attorneys do become aware of general trends with different counties, judges, and prosecutors. As a general rule, it is not uncommon for a northern Virginia traffic court judge to consider taking your license if the prosecutor proves that you were driving just 20 to 25 mph over the posted limit, especially if you have one prior ticket on your record. In many cases where it is proven that the accused was driving 35 mph or more over the limit (e.g., 90 mph in a 55 mph zone), most judges and prosecutors will consider imposing a jail sentence as well.

Driving with a suspended or revoked license, also a misdemeanor offense in Virginia, has similar serious consequences. Many drivers are unaware that if convicted of Driving on a Suspended or Revoked License, the judge MUST order an additional period of license suspension or revocation. Moreover, a Restricted Operator's License (commonly known as a "ROL", used for limited driving to work, school, etc.) may be awarded in a Reckless Driving case if your license is suspended. However, under Virginia law, the court can not grant a ROL if you are convicted of Driving with a Suspended or Revoked License.

If you are arrested for running a red light, failure to yield, or another traffic violation that contributes to an auto accident, the legal and financial impacts can be severe. Do not gamble on the goodwill of a prosecutor or judge in these situations. Put MacDowell & Associates on your side to defend your freedom and protect your drivers license.

Contact MacDowell & Associates Today

For an initial consultation with Virginia traffic violation attorney at MacDowell & Associates, call us at 703-591-1336, page us at 703-429-9000, or contact us online.