Top 10 Tips for Fairfax County Traffic Court

This post is meant to help anyone navigate the busy and crowded Fairfax County traffic court.   In this post, Fairfax County traffic attorney Jean Humbrecht explains her top 10 tips for anyone with a case in the Fairfax County traffic court.  This post is useful for anyone with a case in the Fairfax County traffic court, whether the case involves a minor traffic infraction or a serious criminal traffic offense.

Consult A Lawyer If You Have a Case in the Fairfax County Traffic Court

Consult A Lawyer

Many cases in the Fairfax County traffic court have severe consequences, both short and long-term. Most traffic offenses in Virginia result in automatic DMV demerit points if the driver is convicted. Additionally, some traffic convictions result in driver’s license suspension.  If you are caught driving after your license has been suspended, that will result in another, more serious charge.

Most importantly, some traffic offenses in Virginia are actually CRIMES and convictions for these offenses will remain on a driver’s permanent CRIMINAL record.  It would be wise to consult a Fairfax County traffic lawyer to discuss the consequences of your particular case.

Do Not Ignore Your Court Date

If you do not pay a traffic ticket before the court date, it is assumed that you are going to court to contest your ticket.  If you do not show up, you will be tried (and most likely convicted) in your absence. You will be responsible for paying the fine AND court costs.  If you have a case in the Fairfax County traffic court which is NOT a pre-payable offense, such as reckless driving or DUI, and you do not show up for court, you will likely have an additional charge of failure to appear and there will probably be a bench warrant out for your arrest.

Arrive Early

If you decide to contest your ticket, you must arrive early.  Fairfax county traffic court is very busy.  There are hundreds of people on any given day and they all have court at the same time.  The security line often gets very long.  Additionally, make sure you arrive to your court room on time.  If you are not in the court room and your name is called, you will probably be tried and found guilty in your absence.  If you are not tried in your absence, the judge could issue a bench warrant for your arrest.  If you arrive late, the judge may or may not hear your case in court that day.  Your only recourse is to appeal.

Go to the Right Court Room

It might sound obvious, but every day people who have cases in the Fairfax County traffic court go to the wrong court room.  Fairfax County traffic court has five court rooms (sometimes more if there are a lot of traffic cases that particular day).  Court is always packed with people and moves quickly.  If you are in the wrong court room, you will likely be tried and found guilty in your absence, or, as stated above, the court might issue a bench warrant for your arrest.

Turn Off Your Cell Phone

The deputies in the Fairfax County traffic court WILL take your cell phone if it goes off during court or if they see you using the phone. You will not be able to get your phone back until the end of the day.

Dress Appropriately

Court is not a club.  Court is not the beach.  You do not need to wear an Armani suit, but you should dress nicely.  It shows respect for the court, the judicial process, and shows the judge that you are taking your case seriously.

Be Prepared for Additional Fees

Court costs are added to all cases that result in convictions in the Fairfax County traffic court.  Your court costs will be higher if you have a court-appointed attorney.  Additionally, if you are paying your fines with a credit card, there is an automatic 4% fee added.

Fines and Court Costs Must be Paid Within 30 Days

If you do not pay off all of your fees you owe to the court within 30 days, the DMV will suspend your driver’s license. The clerk will likely grant you an extension to pay if you ask, but you must make the arrangements with the clerk’s office within 30 days.

Be Prepared for the Outcome

Many Cases in the Fairfax County Traffic Court Can Be Punished with Jail

Many Fairfax County traffic court convictions can result in jail.  Some of these offenses include driving on suspended license convictions, reckless driving convictions, and DUI convictions. There is a very real possibility that if found guilty, you could be doing some active jail time. The sheriff will be taking you into custody immediately.  Make sure your employer knows you might not be returning to work the next day if this pertains to you.

You Only Have 10 days to Appeal A Conviction from the Fairfax County Traffic Court

If you are going to appeal a Fairfax County traffic court conviction, you only have ten days from the date you were convicted.  There are NO exceptions.