Moving violations include a variety of offenses including improper passing, driving without headlights, or an improper U-turn. The penalties for a moving violation can be more than just increased insurance premiums and points added to your driving record. Unfortunately, there are more serious consequences of being accused of certain moving violations, including jail time and fines. If you are accused of any moving violation, you will want to talk to a Leesburg moving violation lawyer to understand your case.
Examples of Moving Violations in Leesburg
Some traffic infractions are considered moving violations, because they occur while a driver is operating a motor vehicle. For example, driving without a license is illegal per Va. Code Section 46.2-300. A person found guilty of this crime faces six months in jail and up to a $1,000 fine for a first offense, while a second conviction can result in a year in jail and a $2,500 fine. Other types of moving violations are:
Red Light Violations
Running a red light is illegal under Va. Code Section 46.2-833. A steady red light indicates that all moving traffic approaching the light must stop and remain stopped as long as the light is red. The only exception is when the direction has a steady green arrow.
When a driver is accused of aggressive driving, he or she is driving in a manner that may cause harm to others. The Commonwealth lists moving violations that it considers types of aggressive driving alone or in combination, such as:
- Driving on the right side of the road (Va. Code Section 46.2-802)
- Failure to observe lanes marked for traffic (Va. Code Section 46.2-804)
- Not stopping or yielding right-of-way before entering certain highways (Va. Code Section 46.2-821)
- Evasion of traffic control devices (Va. Code Section 46.2-833.1)
- Improper passing when overtaking a motor vehicle (Va. Code Section 46.2-838)
- Improper overtaking a vehicle and passing to the right (Va. Code Section 46.2-841)
According to Va. Code 46.2-852, the maximum speed permitted by law does not matter for a citation for reckless driving. Anyone who drives a motor vehicle on any highway under the following circumstances may be found guilty of reckless driving:
- Driving at a reckless speed
- Driving in a way that endangers life, limb or property of any person
There are also other Virginia laws devoted to reckless driving, including Va. Code Sections 46.2-853 to 46.2-868 and 46.2-829, which are:
- Driving with faulty brakes
- Passing a school bus that is stopped
- Failing to properly signal
- Driving too fast for traffic or highway conditions
- Exceeding the speed limit
- Failing to yield the right-of-way
- Recklessly driving in a parking lot
- Improper driving
If you are trying to decide whether to pay a ticket or plead guilty to a moving violation, contact a Leesburg moving violation lawyer. Your attorney will provide the legal advice you need to make the best decision.
Possible Penalties for Moving Violations
Penalties for moving violations in Leesburg, Virginia can vary from a simple fine to potential jail time depending on the offense. Some examples of violations and their punishments include:
A red light violation can be up to a$350 fine, while aggressive driving has two penalties. A Class 2 misdemeanor involves up to six months in jail and a $1,000 fine. If you are convicted of aggressive driving with the intent to injure or intimidate another person, you may face one year in jail and a fine of up to $2,500.
Reckless driving brings a jail sentence of up to one year and a $2,500 fine. In addition, your driver’s license may also be suspended for up to 6 months. If unsure contact a moving violation attorney in Leesburg who can look at the specifics of your case and explain what you may be facing.
Possible Defenses For a Moving Violation
Receiving a ticket for a moving violation in Leesburg does not mean you are guilty. You can fight the ticket. Of course, the defenses available to you will depend on your particular circumstances. Your Leesburg moving violation lawyer will look at the facts of your case and pick the best defense. Here is one common defense a Leesburg moving violation lawyer may use is that the Officer’s subjective conclusion was wrong.
Whether you are ticketed for a moving violation depends on the officer who observed you allegedly violating a traffic rule. Officers aren’t always right. Your lawyer will challenge the officer’s observations of the events by arguing that the officer’s actions were not reasonable given those observations.
Hiring a Leesburg Moving Violation Lawyer
A Leesburg moving violation lawyer will assist you in fighting this ticket. To learn about more of the possible defenses available, contact a lawyer today.