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Traffic Ticket Defense
Before paying a Virginia traffic ticket, check the charge and code section on your summons. An eligible infraction can be prepaid, but payment is a guilty plea. Reckless driving, DUI and other criminal traffic charges cannot be prepaid and may carry jail, a criminal record and driving restrictions. At NOVADefenders, our Virginia traffic ticket lawyers help drivers across Northern Virginia understand the charge, review the evidence and decide how to respond.
At a glance
- Infractions: Many speeding, sign and signal violations are punishable by a fine and costs, not jail. Eligible charges can be prepaid. Points depend on the conviction.
- Criminal charges: Reckless driving, DUI, driving while suspended, driving without a license and hit and run cannot be prepaid. Plan to attend unless counsel confirms a court-approved excusal.
- Points: Point-bearing convictions carry three, four or six demerit points. Points count for two years from the offense date; conviction retention varies by offense.
- Court: Most adult state traffic cases begin in General District Court in the locality of the alleged offense. Juvenile, felony and federal cases can follow different procedures. Follow the court, date and time on your summons.
- Legal fees: We quote a flat fee before you hire us. The charge and case determine the fee; court fines and costs are separate.
Infraction or Crime? Read the Summons First
Most ordinary driving violations are traffic infractions, not crimes. A conviction can bring a fine, costs, points where applicable, and possible insurance or employment consequences. Common examples include speeding, sign or signal violations, following too closely and improper turns. Under § 16.1-69.40:1, eligible infractions on the prepayment schedule can be paid before court. That is a written guilty plea and waiver of trial.
Criminal traffic charges may be misdemeanors or, in some circumstances, felonies. They cannot be resolved by prepayment. Examples include:
- Reckless driving. On a highway, reckless driving by speed applies at 20 mph or more over the limit, or more than 85 mph regardless of the limit. General reckless driving concerns driving that endangers life, limb or property. Reckless driving is ordinarily a Class 1 misdemeanor under § 46.2-868, with up to 12 months in jail, a $2,500 fine, or both; statutory felony exceptions have different penalties. Our Virginia reckless driving lawyer page explains the charges.
- Driving on a suspended or revoked license under § 46.2-301 is a Class 1 misdemeanor. A conviction generally adds a suspension matching the prior period, subject to statutory limits. If the prior suspension was indefinite, the added period may be up to 90 days. Other statutes govern some DUI-related driving restrictions.
- Driving without a license under § 46.2-300 generally means driving on a highway without a valid license, unless an exemption applies. It is a Class 2 misdemeanor for a first offense and Class 1 for a subsequent offense, with a possible license suspension up to 90 days. Not carrying an otherwise valid license is a different issue.
- Hit and run under § 46.2-894 concerns failure to stop and fulfill reporting duties after an accident involving injury, death or attended property. Violations are Class 1 misdemeanors when attended-property damage is $1,000 or less, and Class 5 felonies when injury, death or greater damage is involved. Unattended-property cases have separate rules.
- Driving under the influence under § 18.2-266. DUI is its own practice area; our Virginia DUI lawyer page covers it.
The charge and code section on your summons matter more than a prepayment checkbox. If the paperwork is unclear, send us a photo so we can explain what you are facing. Our guide to reckless driving versus speeding explains why the alleged speed and the charge written on the summons are not always the same thing.
Paying a Ticket Is Pleading Guilty
Prepaying an eligible ticket may be reasonable, but first consider your record, driving privileges and any work-related requirements. Payment has the force of a court judgment. A point-bearing conviction is reported to DMV and can affect your driving record even when no jail is possible.
Under § 19.2-258.1, an infraction case may be heard without a driver who neither prepays nor appears. The court must still decide whether guilt is proved beyond a reasonable doubt. A conviction can bring a fine, costs and applicable points; failing to appear for a traffic infraction alone does not authorize an arrest warrant. Missing required court on a criminal charge can lead to a warrant. Check the named court’s deadlines and payment methods. Virginia’s Online Case Information System can help locate your case and court date; it is not a payment portal.
How Virginia Demerit Points Work
DMV assigns points after conviction, not after a stop. Its published lists include three points for speeding 1–9 mph over or failing to obey a highway sign; four points for speeding 10–19 mph over, following too closely or failing to obey a signal; and six points for reckless driving by speed, speeding 20 mph or more over, driving while suspended and DUI. The precise conviction matters: not every traffic charge carries points, and not every reckless-driving offense has the same point value.
DMV’s points page distinguishes the two-year demerit-point period from conviction retention, commonly three, five or 11 years depending on the offense. A valid Virginia license can earn one safe-driving point for a qualifying violation-free calendar year, up to five. A qualifying clinic may earn five points, generally once every 24 months; a court-ordered clinic requires the court’s authorization for points.
Under the adult driver rules, 12 points in 12 months or 18 in 24 months requires a clinic. At 18 in 12 months or 24 in 24 months, § 46.2-506 provides a written choice: a 90-day suspension plus a clinic, or nine months in the Intelligent Speed Assistance Program plus a clinic. The notice allows 30 days to choose; no response results in suspension. The program requires a restricted license and speed-limiting devices and does not authorize commercial-vehicle driving. Drivers under 20 have additional clinic requirements.
What a Virginia Traffic Ticket Costs
For eligible prepaid speeding charges, § 46.2-878.3 sets $6 per mph over the limit, $7 in qualifying school-crossing or work zones, and $8 plus a $200 base fine in designated residence districts under § 46.2-878.2. An additional $100 applies above 80 but below 86 mph on a 65-mph highway. These rates do not make a reckless-driving charge prepayable. Under § 16.1-69.48:1, the base court-cost fee is $51 for a traffic infraction and $61 for a misdemeanor; other statutory costs may apply. Confirm the actual amount with the court.
Criminal traffic cases can carry consequences beyond the fine. For covered reckless-driving offenses, § 46.2-393 allows a 60-day to six-month Virginia license suspension and requires a Virginia driving ban for nonresidents or unlicensed drivers, subject to applicable statutory options. General reckless driving under § 46.2-852 is outside that section’s listed offenses. Speed-based cases may also involve Intelligent Speed Assistance requirements. Our reckless driving cost guide explains the financial side.
Our legal fees are flat and quoted before you hire us. Reckless driving generally runs $1,000 to $2,500; some cases involving an accident, active jail exposure or a license suspension may cost more. There is no single fee for infractions because the charges vary so widely. Court fines and costs are always separate from our fee, and the consultation is free.
Do You Have to Go to Court?
Prepaying an eligible infraction waives your trial. For a criminal traffic charge, plan to attend court unless we confirm that the court has excused you. We will discuss whether we can appear on your behalf and make sure you know what to do before the hearing.
If Your License Is From Another State
Many of our clients travel through Northern Virginia from Maryland, DC and states up and down the East Coast. A Virginia case still needs to be resolved here. Under the Driver License Compact, convictions are reported to other member jurisdictions; consequences depend on your licensing state’s law. Ask that state’s motor vehicle agency or a lawyer licensed there about its rules. Our guide for out-of-state drivers explains the Virginia side.
Traffic Charges We Handle in Northern Virginia
We handle traffic cases across Northern Virginia, including Fairfax, Arlington, Prince William, Loudoun, Stafford, Fauquier and Alexandria. Start with the charge and court named on your summons:
- Reckless driving in Virginia, with county pages for Fairfax, Arlington, Prince William, Loudoun, Stafford and Alexandria.
- Traffic tickets in Fairfax, for Fairfax County infractions and prepayment questions.
- Driving on a suspended license and driving without a license.
- DUI and DWI, including first and repeat offenses.
How We Handle a Traffic Case
We start with your summons, driving record and what matters most to you, whether that is keeping your license, protecting your job or understanding the court process. We review the available evidence, which may include recordings, witness accounts, the officer’s observations and speed-measurement records. Then we walk you through what we find and discuss your options.
Our regular work in Northern Virginia traffic courts helps us prepare your case and explain the steps ahead. Benjamin Schaefer has practiced law since 2010, and Ryan Rambudhan has represented people accused of crimes since 2013. We appear with you, or for you when the court permits it, and explain the result and any next deadline. For a minor ticket, we will give you a candid assessment of whether hiring a lawyer is worth the cost.
Frequently Asked Questions
Is a speeding ticket a crime in Virginia?
Ordinary speeding is an infraction. Driving 20 mph or more above the limit, or more than 85 mph, meets § 46.2-862‘s reckless-by-speed threshold. The charge actually written matters: an officer may charge ordinary speeding even at a speed that could support reckless driving. Our reckless driving versus speeding guide explains the difference.
Can you prepay a reckless driving ticket in Virginia?
No. Section 16.1-69.40:1 excludes reckless driving from prepayment. It is ordinarily a misdemeanor and must be resolved in court.
How long do points stay on my Virginia driving record?
Demerit points count for two years from the offense date. Conviction retention is separate and offense-specific, commonly three, five or 11 years. Check DMV’s list for the actual conviction.
Will a Virginia ticket follow me home to another state?
A conviction can be reported to your licensing state. That state decides its own points and driving consequences; Virginia’s point total does not automatically transfer unchanged. Resolve the Virginia case and check your home state’s rules.
Should I hire a lawyer for a traffic ticket?
For a criminal traffic charge, talk with a lawyer before your court date. For an ordinary infraction, it depends on the stakes behind the ticket: a commercial license, a job that involves driving, a security clearance, existing points, an out-of-state license, or a charge you think is wrong. We will tell you candidly whether it is worth it.
How much does a Virginia traffic lawyer cost?
Our fees are flat and quoted before you hire us. Reckless driving generally runs $1,000 to $2,500; some cases involving an accident, active jail exposure or a license suspension may cost more. Fees for other charges vary. Court fines and costs are separate, and the consultation is free.
Talk With a Virginia Traffic Ticket Lawyer
Our office is in Fairfax. Bring your summons and any questions about your license so we can explain the charge, the next deadline and our proposed fee.
Call 703.273.6431 at any hour and you will speak with a real person. The consultation is free, and you can also contact us online.
Reviewed by attorney Benjamin Schaefer | Updated October 16, 2026