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Loudoun County Traffic Attorney

At some point in our lives, the majority of us will encounter a highway patrol or law-enforcement officer as the result of a traffic violation in one form or another.  Sometimes we may be fortunate enough to drive away with only a warning, but if the traffic stop takes place in Loudoun County, Virginia, the motorist may well face more serious consequences.  Virginia’s strict traffic laws invoke serious penalties for even minor traffic infractions, leaving offenders facing fines, driver’s record demerit points, mandatory enrollment in driver’s safety courses, and even the possibility of license suspension or jail time.

While some violations may not incur the worst of penalties, if you have been charged with any traffic violation, it is in your best interest to contact a Loudoun County traffic lawyer to discuss your citation and determine if you need further legal counsel.  Through a free consultation, your traffic attorney can help you understand the consequences of your charges and help you decide what your next legal move should be.

Virginia’s Demerit Points Accrual Policy

For various traffic violation convictions, the Commonwealth assigns demerit points to the offender’s driving record.  These points which increase as the severity of the infraction increases, remain upon the driver’s record for a minimum of 2 years from the date of the offense.  Demerit points begin with 3 points for lesser infractions, 4 points for moderate infractions, and 6 points for the most serious of traffic violations.  If a driver continually receives demerits, they accumulate against his or record.  The Virginia Department of Motor Vehicles (DMV) periodically checks the balance of demerits, and if a driver is found to have a certain number of demerits within a 12-, 18-, or 24-month period, the DMV may penalize the driver with:

  • Mandatory enrollment in a Driver Improvement Clinic
  • Six months of probation or driving restrictions
  • License suspension or revocation up to 90 days
  • And more

Loudoun Traffic Lawyers Handle These Cases

Three Point Traffic Violations

Considered to be lesser traffic violations, and assumed to place other people and property at only a mild risk of danger, the following infractions incur 3 demerit points against one’s driving record, which remain in place for three to five years.

  • Driving over a fire hose
  • Driving/riding on a sidewalk
  • Driving one to nine miles per hour above the maximum posted speed
  • Failure to signal/improper signaling
  • Impeding traffic/slow speed
  • Improper U-turn
  • Violation of right/left turn on red

Four Point Traffic Violations

Traffic violations which incur a four-point penalty to the driver’s record are typically considered to be more of a danger to others and property, but are not considered reckless.  These violations count against the driver’s record for three to five years, and include but are not limited to:

  • Failure to yield right-of-way
  • Failure to yield when turning left
  • Failure to yield to a funeral procession
  • Failure to drive on the right side of the roadway
  • Failure to merge right and stop for emergency vehicles
  • Failure to stop
  • Speeding 10 to 19 mph above the maximum posted speed
  • Unsafe passing/passing to the left of an approaching vehicle

Six Point Traffic Violations and Reckless Driving

Traffic violations which are deemed reckless or are considered by the arresting officer to be “in a manner so as to endanger the life, limb, or property of any person,” may result in criminal misdemeanor charges.  These violations, considered the most serious of traffic violations incur a six-point penalty upon one’s driving record which remains for up to 11 years from the date of offense.  A Loudoun County traffic lawyer can help you take steps to protect your driving privileges. Aside from any driving considered by law as reckless driving, other serious, six-demerit infractions include:

  • Driving under the influence (DUI)
  • Driving on a suspended license
  • Driving after “habitual offender” declaration
  • Hit and run/failure to stop at the scene of an accident
  • Involuntary manslaughter
  • Evading/attempting to evade police
  • Passing a stopped school bus

Traffic Violation Penalties

For minor speeding infractions, less than 20 miles per hour (mph) over the maximum speed limit, one typically incurs a fine of $5.00 per mph over the posted speed limit and is responsible for associated court fees.  Speed violations which exceed 20 mph over the posted speed, speeds in excess of 80 mph, and speeds considered unsafe for driving conditions incur the same $5.00 per mph fine, but additionally receive civil penalties which are payable in the form of an annual due ranging from $350 to $1,000 made each year for three years following the speed violation conviction.

A Loudoun Traffic Lawyer Can Help

If you are facing charges for a traffic violation in the Leesburg area, no matter how minor you may think your infraction was, it is wise to contact a Loudoun County traffic lawyer to evaluate your citation and the associated charges.  Having Donna Murphy on your side can make a world of difference in fighting your ticket and the consequences of a traffic violation conviction.

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