Minor traffic violations along Highways 581, 220 and 460 may seem inconsequential on the open road. However, when those infractions accumulate, you could face heavy fines, points against your driver’s license, criminal consequences, or have your license suspended.
To protect your right to remain on the road, if you’ve been charged with speeding or another traffic infraction, we invite you to call firm founding attorney Mark Hurt. With more than 30 years of practicing law, Mark is an experienced defense attorney and trial attorney who has tried cases before all Virginia state courts, as well as in federal trial and appellate courts (including the Supreme Court of the United States).
We offer a free consultation and a low fixed free for representation for traffic matters. The amount of our fee differs depending upon your case, and it does not increase if you choose to take your matter to trial. We accept credit card payments, and normally we can appear in court on your behalf, so you won’t need to drive to Roanoke if you live out-of-state, or have to take time off from work.
How Many Drivers are Stopped by Police Each Year?
Of the 223.3 million U.S. drivers, nearly 9% are stopped by police, each year. Of these incidents, the following are common reasons that citations are issued:
- Speeding. Speeding tickets are among the most common types of traffic citations.
- Driving Under the Influence of Drugs or Alcohol. The best way to avoid a DUI is simply not drinking and driving. However, if you have been drinking or are under the influence of a substance, it is important to avoid the appearance of drinking and driving. For instance, if you are going to rest in your vehicle so that you can sober up, make sure that you are in the backseat and that the key is not in the ignition.
- Cell Phone Usage. Under Virginia Law, you can be ticketed for texting while driving, reading an email, or even holding a phone in your hand, if you are within a highway work zone. The penalty for a first offense for texting or reading while driving is $125 and, for a subsequent offense or if using a phone in a work zone, the penalty is $250.
- Violating Rules of the Road. Not being aware of the law is not a defense to violating a traffic law. It is important that you are aware of and abide by all rules of the road, to avoid an unintentional violation of a traffic law.
- Violating a Vehicle Registration or Driver’s License Requirement. Vehicle registrations and driver’s licenses must be valid. It is illegal to operate a car with an expired license or registration. However, if you have extenuating, unavoidable circumstances that delayed your renewal, or you made good faith attempts to make the renewal but have been unable to do so through no fault of your own, make sure that you keep documentation of the attempts in your vehicle, in case you are pulled over by a police officer.
- Failing to Wear a Seatbelt. Under Virginia Code section 46.2-1094, individuals over the age of 18 years of age occupying the front seat of a motor vehicle are required to wear a seatbelt. Police are not allowed to stop and issue a ticket solely for not wearing a belt; however, if you are pulled over for violating another law, the police officer is then allowed to issue a citation for not wearing a seat belt in conjunction with the other violation.
At the Law Offices of Mark T. Hurt, we are experienced in fighting traffic citations in Roanoke County. Whether your traffic violation is classified as a felony, misdemeanor, or simply a moving or non-moving infraction, we accept cases of all different types. Call our offices today to learn how we may be able to help with your traffic issue.
What Types of Traffic Violations Exist?
Virginia traffic violations are classified into three categories: felonies, misdemeanors, and infractions (moving and non-moving). Penalties for traffic violations can range from a fine to a license suspension to incarceration, depending on the severity of the offense.
We represent clients in all types of cases, including:
Roanoke roadways and highways are regularly congested with traffic; consequently, they are notorious for traffic stops by police.
Depending upon the circumstances of the incident in question, a speeding ticket may be charged under the following Virginia laws:
- 2-862 Reckless Driving – Speeding
- 2-870 General Speed Limits
- 2-871 Maximum Speed Limit for School Buses
- 2-872 Maximum Speed Limits for Vehicles Under Special Permits
- 2-873 Speeding in a School Zone or at a School Crossing
- 2-873.1 Maximum Speed Limit on Nonsurface-Treated Highways
- 2-873.2 Maximum Speed Limit on Rural Rustic Roads
- 2-874 Speeding in a Business or Residential District
- 2-875 Maximum Speed Limit on Certain Other Highways
- 2-877 Minimum Speed Limits (Impeding the Flow of Traffic)
- 2-878 Authority to Change Speed Limits
- 2-878.1 Maximum Speed Limits in Highway Work Zones; Penalty
- 2-878.2 Maximum Speed Limits in Certain Residential Districts
- 2-881 Special Speed Limitations on Bridges, Tunnels and Interstates
- 2-947 Speeding Within Highway Safety Corridor
While no lawyer can guaranty a victory for a client, we have had significant experience in getting clients a much better outcome than if they had paid a speeding or other ticket and potentially had their insurance increased and points added to their record. These outcomes include dismissal of charges and not guilty verdicts at trial.
Once you call our firm for a free consultation, we can explain how we can help you based upon the facts and circumstances of your case.
Driving with a Suspended License
Virginia Code section 46.2-301 makes it a misdemeanor to drive on a suspended license. There are generally two ways in which a license can be suspended: through a legal violation or an administrative action. Your license can be suspended through administrative action if you:
- Fail to pay court fines within 30 days of a conviction
- Are 90 days or more delinquent on child support payments
- Fail to pass a mandatory driving improvement course
- Flee from police for any reason
- Are $5,000 behind on child support payments
- Fail to provide proof of insurance to an officer, when asked.
If you are found to be driving on a suspended license, you can be sentenced to up to one year in jail and fined $2,500 for the first two offenses. Additionally, your license may be suspended up to an additional 90 days. If convicted of driving without a license for a third time, a mandatory penalty of 10 days in jail will be assessed.
Virginia Law provides for a lesser offense of driving after forfeiture of license, which has some overlap with driving with a suspended license. As such, prosecutors can choose under which code to prosecute a defendant. In many suspended license cases, we take advantage of this lesser known offense and pursue a plea bargain to reduce our clients’ charges, as well as seeking other applicable strategies that may be prudent (such as seeking a dismissal or all charges).
Do the Benefits of Hiring a Roanoke Traffic Lawyer Outweigh the Costs?
Depending upon the severity of your traffic violation, the costs of hiring a knowledgeable traffic lawyer can greatly outweigh the costs. The following are just a few of the benefits that can be realized by having an experienced attorney by your side:
- Often, an attorney can handle your case without you having to appear. Depending on where you are located, this can save you time and the expense of traveling to court.
- Attorneys can advocate on your behalf for lesser charges or penalties. Many individuals plead guilty to traffic violations, hoping that a judge will see their driving record and give them a break. Unfortunately, this does not always occur. As an experienced Roanoke traffic attorney, Mark Hurt is familiar with what various judges may be willing to do and can help make requests for leniency, based upon this knowledge.
- As an experienced Virginia traffic lawyer who regularly appears in court, attorney Mark Hurt knows well the prosecutors, police, judges and other court personnel, and thus is familiar with how typical cases are adjudicated, and how juries often rule if a case goes to trial. This knowledge can be highly advantageous, as having this information can help in formulating the best strategy possible.
Our firm has been recognized for legal excellence and high ethical standards, and we have an established reputation for effectively representing clients accused of traffic violations. When you become a client, firm founder Mark Hurt will personally put his three plus decades of experience to work for you.
Schedule a Free Consultation and Learn How We Can Help You!
If you have been charged with committing a traffic violation, we can help. Call us and learn how we will vigorously represent your rights and interests.
 Contacts Between Police and the Public, Bureau of Justice Statistics, www.bjs.gov/content/pub/pdf/cpp15_sum.pdf.
 VA Code § 46.2-1078.1.
 VA Code § 18.2-272.
Frankie was the best. She helped me mentally, lawfully, she communicates and I appreciate her. I would never ever contact anyone else other than her if I’m ever in a situation in VA and if this law firm can cross state lines I would pay them! I felt so secure and safe! Thanks so much!