F.A.Q.
Frequently Asked Questions
Is Marijuana legal in Virginia now?
Although Marijuana has been decriminalized in Virginia in 2020, it still is illegal. The difference now, however, is that it is no longer a crime. Previously, simple possession of marijuana was charged as a criminal offense and punished with jail time, fines, and mandatory driver’s license suspension. Now, it is punished with a civil penalty which is a fine up to $25. A conviction will no longer go on a person’s criminal record.
What is the difference between Speeding and Reckless Driving in Virginia?
Speeding and Reckless Driving by Speed in Virginia are not the same thing. Speeding is a traffic infraction punished with a fine up to $250 (and sometimes higher in certain areas where increased fines apply) and automatic DMV points. Reckless Driving, however, is a crime and is punished with jail time, a fine, driver’s license suspension, DMV points, and a conviction can never be expunged from the person’s permanent criminal record. Reckless Driving can be charged if a person is driving 20 miles-per-hour or more over the speed limit or more than 85 miles-per-hour.
Can I expunge my old convictions off my record?
Arrests in Virginia will show up on your criminal record (even if you are not ultimately convicted) unless you file for an expungement. In Virginia, a person can only expunge a charge that did not result in a conviction or was “otherwise dismissed.” Virginia does not allow expungement of any criminal convictions-no matter how old the charge was or how minor the offense may seem. As a result, a criminal conviction in Virginia will remain on your criminal record permanently and can never be expunged.
Do teenagers face the same penalties for traffic tickets as adults?
Juveniles face harsher penalties for traffic tickets than adults do. A teenager can pre-pay a ticket like an adult can, but a parent must come with him or her to court or to a magistrate and sign a waiver of court appearance. In the alternative, they can mail in the payment and waiver of court appearance, but the parent’s signature must be notarized. If the offense cannot be pre-paid, then a parent must go with the juvenile to court (for example, for a Reckless Driving charge).
Car insurance rates will most likely increase significantly and more quickly than they would for older drivers if juveniles are convicted of driving-related offenses. Juvenile drivers will also be required to take a driver improvement class if they are convicted of any offense resulting in DMV points. After two convictions for offenses resulting in DMV points, a juvenile’s license will be suspended for 90 days. If a juvenile is convicted of three offenses resulting in DMV points, his or her license will be revoked for one year or until the person turns 18, whichever period is longer. Additionally, teenagers whose licenses are suspended will have more restricted driving privileges than adults would be granted.
Can I just pre-pay my traffic ticket without going to court?
Drivers can pre-pay the fine for traffic tickets online without having to go to court. However, pre-paying the fine is an admission of guilt which results in a conviction on the person’s driving record. Additionally, DMV points will automatically be assessed to the person’s driving record based on the offense and the points the DMV associates with that offense. DMV points are problematic because accumulating too many in a short period of time can result in DMV imposed penalties, up to and including driver’s license suspension.