How Do I Fight an Overweight Ticket? | Wythe County, VA
Serving Residents and Visitors of Wythe County, VA, and the Surrounding Communities, including Cline, Crockett, Grose Close, Kegleys, Kent, Shupe, Stones Mill, Stringtown, and throughout Virginia.
Motor carrier drivers and companies need to be aware that any violation of Virginia commercial vehicle laws (including speeding, reckless driving, logbook violations, overweight offenses, etc.) is serious and can lead to substantial fines and penalties.
Overweight truck citations are regularly issued along Interstates 11, 21, 52, and 81, making Wythe County a hotspot for such offenses. Unfortunately, the penalties for these violations can be particularly onerous, as they can not only result in significant fines but also may lead to a commercial drivers’ license (CDL) suspension and vehicle impoundment. However, it is critical to understand that it is often possible to successfully contest these tickets in civil court to mitigate damages and protect your driving record.
At The Law Offices of Mark T. Hurt, we have over two decades of legal experience and are widely known for our successful outcomes in Wythe County traffic cases. If you were cited for driving with an excessive load, we encourage you to call our office to schedule a free consultation.
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What Is the Maximum Gross Weight for Commercial Vehicles in Virginia?
Maximum load weights are set by Virginia law and are dependent upon the number of axles and the distance between such axles of a vehicle. Further, the Federal Motor Carrier Safety Administration (FMCSA) also has regulatory oversight of enforcing many commercial interstate carrier and driver regulations. As a result, a commercial driver may be subject to both Virginia state and FMCSA regulations for load weight violations.
Who Can Be Cited for Overweight Violations?
A Virginia overweight citation is issued when a carrier is driving a vehicle that exceeds statutory weight limits. A ticket may be directed to the owner, operator, or other individual(s) responsible for the offense as determined by the issuing officer. Payment of fines must be rendered to the Virginia Department of Motor Vehicles (DMV) within twenty-one calendar days of issuance of the citation.
As an experienced Wythe County overweight violation attorney with an extensive track record of success in traffic ticket and CDL cases, we can assist in seeking reduced penalties or a dismissal. If you received a citation in Wythe County or the surrounding communities, we invite you to call our office to schedule a free consultation to learn about your legal options.
How Can I Contest an Overweight Ticket in Wythe County, VA?
A motor vehicle carrier may contest an overweight load charge by delivering a signed citation to the DMV by mail or in-person within twenty-one calendar days. To do so, a ticketed party must:
- check the “Contest the Charge” box in the “How to Comply” section on the front side of the citation,
- sign and date the ticket,
- timely notify the DMV (it is recommended that a contest request be sent to the DMV by Certified Mail or delivered in person), and
- appear in court to contest the ticket on the date, time, and location specified in the written confirmation from the DMV.
Once a case is heard, the court will issue a final case disposition, and any penalties must be satisfied within thirty days after the trial date. Failure to satisfy a final case disposition within thirty calendar days will result in a suspension of driving privileges, assessment of a $50 reinstatement fee, and a commercial vehicle may be detained until the total amount is paid.
How Long Do I Have to Contest a VA Overweight Truck Ticket?
An overweight load citation must be contested within twenty-one days of receipt of the ticket. Failure to timely contest an overweight ticket (or pay a fine) can result in significant penalties, including additional fees, license suspension, and vehicle impoundment.
Because time is of the essence, we encourage any driver or company issued an overweight violation to call our office immediately so that we can ensure that upcoming deadlines are met.
Schedule a Free Consultation with Experienced Wythe County CDL Lawyer Mark Hurt?
An overweight violation can result in significant fines (reaching thousands of dollars), CDL license suspensions or revocations, and other severe penalties. However, you have a right to contest a violation within three weeks of being issued a citation.
For over two decades, firm-founding attorney Mark Hurt has been successfully helping clients obtain reduced charges and dismissals in CDL and other serious commercial vehicle moving violation cases.
If you received an overweight citation, do not gamble with your driving privileges or future employment prospects. Let us tenaciously fight in seeking to mitigate damages and protect your permanent driving record. Schedule a free consultation today to learn how we can help significantly increase the chances of obtaining a favorable outcome!