Understanding Virginia Traffic Laws | Smyth County, VA Traffic Lawyer

Located in the lower portion of the Great Valley of Western Virginia, Smyth Valley boasts some of the most spectacular outdoor views and recreation.  Breathtaking scenery lines the winding roads that span the Blue Ridge Mountains, Hungry Mother State Park, Mount Rogers National Recreation Area, and the Holston River valleys.

To Smyth County residents and visitors, racing sports cars and riding motorcycles along Claw of the Dragon and Back of the Dragon trails is an integral part of life in the county.  However, local law enforcement officers often set up traffic stops and speed traps along these and other routes to catch unsuspecting drivers unfamiliar with local driving regulations.  It’s important to understand that Virginia traffic laws are more restrictive than many other states, making it critical for Smyth County residents and visitors who travel through Virginia frequently to understand the regulations.

Take Advantage of our Free Consultation – Call our Office 24/7 and Learn Your Options if You’ve Received a Ticket!

If you received a traffic citation and would like to learn your options for contesting the ticket, call our office to schedule a free consultation with Smyth County traffic lawyer Mark Hurt.  He can listen to the facts of your case and explain your legal options for mitigating penalties or obtaining a dismissal, as well as how we can help.  We are dedicated to helping those who have received a ticket learn about their options, and there is no cost to speak with us for the initial call.

How Much Does an Experienced Virginia Traffic Lawyer Cost?

Many law firms charge clients by the hour, which can be an incentive to bill.  Legal fees sometimes even are more costly than the fines associated with a ticket.

At The Law Offices of Mark Hurt, we believe that hiring an attorney should make both practical and financial sense, which is why we offer fixed-fee representation in traffic citation cases.  For convenience, we also accept credit card payments.

VA Traffic Laws You Should Know About

To avoid penalties, such as steep fines, license suspensions, demerit points on driving records, misdemeanor or felony criminal charges, increased insurance premiums, and incarceration, it is important for all Smyth County drivers to understand Virginia traffic laws.  The following are some of the standard driving regulations that must be followed in the area.

What Is the Speed Limit in Smyth County for Roads that are Not Posted?

Speed limits are intended to convey the maximum speed drivers should (and can legally) drive under normal weather, road, and traffic conditions.  However, individuals should reduce their speed accordingly as required by law or during other conditions, such as during storms or while in school zones.

In Virginia, if the speed limit is not posted, the speed limit that governs will be the speed limit under Virginia statutes.  Under the Virginia Code, these limits are:

  • 55 mph for most highways,
  • 45 mph for trucks on routes numbered 600 or higher,
  • 25 mph in residential areas, and
  • 35 mph on unpaved roads.[1]

Notwithstanding these limits, the maximum speed limit can be 60 mph to 70 mph where indicated by lawfully placed signs (erected subsequent to a traffic engineering study).  These speed limits apply to:

  • interstate highways;
  • multilane divided, limited access highways; and
  • high-occupancy vehicle lanes separated from regular travel lands, such asS. Route 17, U.S. Route 23, U.S. Route 29, U.S. Route 58, U.S. Alternate Route 58, U.S. Route 301, U.S. Route 360, U.S. Route 460, U.S. Route 501 between the Townof South Boston and the North Carolina state line, State Route 3, and State Route 207 where such routes are nonlimited access, multilane, divided highways.[2]

In addition to speeding, a person may also be issued a citation if they are traveling at such a slow speed as to impede the normal movement of traffic, unless there is an emergent situation.[3]

What Are the Penalties for Speeding in Smyth County?

The penalty for a first speeding offense is $8 per each mile above the speed limit and a $51 processing fee.  If a driver is stopped in a residential area, the fine is $200.  Offenders may also face prison time and have their license revoked, depending upon specific factors.

What Is Reckless Driving in Virginia?

An individual can be convicted for reckless driving for a variety reasons, including:

  • Driving a vehicle with faulty brakes;
  • Operating a car which is not under control;
  • Driving with an obstructed view;
  • Passing two vehicles abreast;
  • Passing at a railroad grade crossing;
  • Failing to give proper signals;
  • Passing a stopped school bus;
  • Failing to yield the right-of-way or reduce speed when approaching stationary vehicles;
  • Exceeding the applicable speed limit by 20 mph;
  • Driving over 85 mph (regardless of the speed limit);
  • Reckless driving on parking lots;
  • Racing; or
  • Aggressive driving.[4]

Reckless Driving is at least a Class 1 Misdemeanor in Virginia

Every person convicted of reckless driving is guilty of a Class 1 misdemeanor in Virginia.  However, the penalty can increase to a Class 6 felony if the individual is driving without a valid operator’s license due to a suspension or causes a fatality.[5]  Further, a fine up to $2,500 may be imposed, along with a prison sentence of twelve months.

Driving Without a License in Smyth County is a Misdemeanor.

Any individual convicted of driving without a license in Virginia is guilty of a Class 2 misdemeanor and may be penalized with up to a $1,000 fine and six-month jail sentence.  However, the charge can be upgraded to a Class 1 misdemeanor for a second or subsequent offense, and the court can suspend a person’s driving privileges for up to 90 days, assess a fine up to $2,500, confiscate a vehicle, and impose a jail sentence up to one year.[6]

Other regulations relating to driver’s licenses in Virginia include:

  • Driving with a license that is suspended or revoked. This is a Class 1 misdemeanor, and the involved car can be confiscated for thirty days.
  • Driving with a license revoked for DWI. This is also a Class 1 misdemeanor, and the state can seize the involved vehicle for up to 120 days without the option of obtaining a limited license.

The fines and prison time increase for each repeated offense of driving without a license or with a revoked license.  For example, a third conviction is a class 6 felony in the event that the license is withheld for DWI. The driver will receive a jail sentence of up to five years and face a $2,500 fine.

Call The Law Offices of Mark T. Hurt to Schedule a Free Traffic Citation Consultation!

If you are cited for a traffic violation in Smyth County, we urge you to immediately call our office to schedule a complimentary case evaluation.  Firm-founding attorney and Duke Law graduate Mark Hurt can explain your legal options and fight tenaciously in seeking reduced or dismissed charges.  Call us today!


[1] Why Are There Speed Limits?, VirginiaDot.org, http://www.virginiadot.org/info/faq-speedlimits.asp#:~:text=The%20statutory%20speed%20limit%20is%20the%20legal%20speed,a%20maximum%20speed%20limit%20of%2035%20mph%20applies.

[2] VA Code § 46.2-870.

[3] VA Code § 46.2-877.

[4] VA Code §§ 46.2-852-69

[5] VA Code § 46.2-868.

[6] VA Code § 46.2-300.

What Our Clients Say

After my car accident, Mr. Hurt and his team worked very diligently to get me a fair settlement. Courtney Cormier, a paralegal on the team, was an invaluable asset to me. She always kept me informed of everything that was happening. I couldn't have had a better experience.
Caleb & Kristina Murray
Caleb & Kristina Murray
21:54 22 Feb 21
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Country living woman Mountains
Country living woman Mountains
05:52 22 Dec 20
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Lucas Green
Lucas Green
18:06 06 Dec 20
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James Smith
James Smith
06:57 05 Dec 20
I contacted the law offices of Mark T. Hurt regarding a traffic ticket I received. Initially I was concerned because I live between Florida and New York, and with Virginia being midway, handling my ticket would be a major inconvenience, and I wanted to keep my record free of any infractions.Choosing Mark T. Hurt to represent me was the best choice I made, and it was further improved with the assistance of Rhonda, who contacted me once they received my request. Rhonda is one of those unique people who has mastered the fine line between being perfectly professional and friendly. Every conversation we had, was made to feel as if I were speaking to a close friend. One of the most appreciated aspects of working with her was her understanding and respectful of my schedule and time.For my work, I have a hectic schedule and very few free moments, so being able to handle things quickly and effectively is a priority for me, and Rhonda understood that and took care of everything as if she knew exactly what I was expecting. I even got sick while working with Rhonda, and her first comment was to wish me well. She also went out of her way to find solutions regarding my traffic citation that worked around my schedule. The price was fair, and when considering the quality of work and more importantly, the quality of people you will be reliant upon to ensure the best possible outcome for whatever your situation is, they can ask for 10x more than what I paid and it would still be worth it.All in all, recommendation for this law office, and for Rhonda herself, could not be higher. If you are searching for someone to represent you in any legal matter whatsoever, this is the office to work with. Thank you again Rhonda.
Al Fortunatti
Al Fortunatti
00:47 07 Nov 20
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Samantha Mays
Samantha Mays
21:28 06 Nov 20
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SCTC-Kimberly Dickey
SCTC-Kimberly Dickey
17:16 27 Oct 20
I'm not a Virgina resident and had found this firm through Google. I have a traffic violation case in tennessee and was desperate to get awnsers. This law office's staff was so helpful even though I wasn't able to even be a client, I believe the person who awnsered was Ashley. After their direction on finding another attorney and my case I was able to push my court date back and will be able to find someone to represent me.I'm not even a client, they didn't have to help me at all! I just wish they practiced in the tri cities area! Would recommend this group!
Benjamin Smith
Benjamin Smith
18:34 22 Oct 20
I contacted the affordable Law Offices of Mark T Hunt regarding a ticket I received. They requested certain documents from me, went to court on my behalf and got the ticket dismissed! The entire process was easy, fast and efficient. When I emailed or texted them their response time was impeccable!I would HIGHLY recommend them if you are looking for a professional attorney!
Davina Waller
Davina Waller
16:41 22 Oct 20
Under the circumstances that I had to have an encounter with Mr. Hurt, if I needed another team to represent me, I wouldn't hesitate for a second. The sheer communication that I had with Ashley was phenomenal. I was informed every step of the way. I was directed to each step of the process. I thoroughly enjoyed working with this law firm and would HIGHLY reccomend them. They were able to have my ticket completely dropped with no points added. Thank you all so much for all your hard work you did for me.
Chris Sanders
Chris Sanders
16:56 21 Oct 20
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Shannon Hanes
Shannon Hanes
16:26 21 Oct 20
My son got a speeding ticket in Virginia going back to school in Alabama. We contacted Mark Hurts office and they were very responsive and handled the entire situation for us.
Mary Ellen Fennell
Mary Ellen Fennell
22:54 20 Oct 20
The Law Offices of Mark Hurt made the process of dismissing my ticket so effortless! They were told me all the steps I needed to take to make Mr. Hurt’s job easier, and he was able to dismiss my ticket! I’m so thankful I used Mark Hurt to represent me in court. I would highly recommend him to anyone I know.
Cristina Marie
Cristina Marie
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Moody Witoutcoffee
Moody Witoutcoffee
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Rafael Oliveira
Rafael Oliveira
11:13 06 Oct 20
Cleber Bandi
Cleber Bandi
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Lindaura Williams
Lindaura Williams
23:47 05 Oct 20
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Flavia Oliver
14:48 05 Oct 20
T. O.
T. O.
19:55 03 Oct 20
anita R Oliveira
anita R Oliveira
15:25 03 Oct 20
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Brittany Gobble
Brittany Gobble
17:35 29 Sep 20
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Bodie Breitbach
Bodie Breitbach
15:49 21 Sep 20
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Tony Statzer
Tony Statzer
14:41 17 Sep 20
Late in July I was charged with a reckless driving ticket in Greenville County, Virginia. I got caught going 83mph in a 55mph zone. It was my first offense on my driving record and I did not need a misdemeanor which could hurt my career. I was assured by Mrs Rhonda Hurt not to worry and that her team would take care of it. On my end, the only effort I put in was taking a 12 hour defensive driving course and sending her my driving record. Two months later, the result of my hearing was a reduction to a defective equipment/non driving violation with 0 points off my record. The other good part about this case was I did not have to go to court. In court fees I paid $68 and a fine of $78 for my ticket. Mrs. Rhonda and her team put together a miracle in that county and I cannot give her enough credit. I sincerely recommend this firm because I know they worked hard on my case and will do the same for you. Thank you again!
Marqus Keith
Marqus Keith
14:54 15 Sep 20
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Catina Ratliff
17:51 05 Sep 20
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Danny Kiser
Danny Kiser
18:34 31 Aug 20
I got a traffic ticket while I traveled passing through VA in May.It is a big deal if you have the Law Section: 44-1/46/2-862 and speeding excess of 80 MPH in your ticket. It is a Criminal Misdemeanor Reckless Driving Charge!I saw Mark T. Hurt's Law office simple letter, I decided to give a call and get a free consultation.From the call, Rhonda provided a detail explaining the criminal charge of the Misdemeanor Reckless Driving ticket is about. She is a very caring and honest person, no sale pressure to me to take their law office at all.Once I decided to use their firm to represent me in court, it didn't take an hour, I was told totake some actions and wait for cout day to see the result. That is that simple and no worry at all. On the court date, I received text messages from lawyer's office. Guess what? The lawyer did a miraculous and fantastic job for me in the court.The Reckless Driving Misdemeanor ticket has been reduced to an Improper Driving traffic ticket.Thanks to Mark T. Hurt's Law office team! They are not only very professional and transparent but also does the best quality job you can find. I strongly recommend them to be your lawyer if you need one in VA.
C.Y. Kuan
C.Y. Kuan
01:07 23 Aug 20
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Nomadic Wolf
Nomadic Wolf
21:06 21 Aug 20
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David Harden
David Harden
21:17 20 Aug 20
I had a miracle outcome
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jose feliz
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Brisio Gaza
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Christy Statzer
Christy Statzer
02:52 11 Aug 20
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Jessica Ann Roberts
Jessica Ann Roberts
20:10 30 Jul 20
I called seeking help with a traffic ticket I received. I spoke to the legal assistant, Ashley and she was very helpful.
Nathan
Nathan
13:54 30 Jul 20
my Attorney Courtney Cormier was amazing and very helpful and patient with me and the case and always keep me updated on all the steps and procedures of the process i would definitely recommend her and this office they are amazing
Branden Lewis
Branden Lewis
15:24 21 Jul 20
These guys got my reckless driving charge of a 94 in 70 down to a improper driving. You won’t regret hiring them to help you out!
Haley Walser
Haley Walser
23:22 20 Jul 20
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Alisha Fagan
16:26 20 Jul 20
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Abdullah Shaikh
14:56 16 Jul 20
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Heather Foster
21:53 15 Jul 20
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Duane Cormier
Duane Cormier
17:25 15 Jul 20
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Kara Ginter-Hensley
21:41 14 Jul 20
Great firm!! Diana will walk you through everything you need to take care of a traffic ticket.
Braden Alexander
Braden Alexander
19:28 14 Jul 20
They are very professional, and respectful with everybody, including one of his employees, Rafael
Flavia Oliver
Flavia Oliver
17:01 14 Jul 20
The personnel who work here are constiment professionals. Rhonda Hurt kept me abreast of all proceedings and changes without the need for me to follow up, allowing me to maintain a piece of mind knowing that the Law Offices of Mark T Hurt were on the job (Rhonda kept me up to date through text and e-mail).During the beginning of the COVID-19 outbreak all court dates were changed. I received a personalized letter from Mark assuring me that he and his team was on the job and was going to see my case through to the end while keeping me looped in.Thank you for all your help and persistence to see the great outcome I received.I highly recommend anyone to use the Law Offices of Mark T. Hurt for their issues!
Jon H
Jon H
11:34 13 Jul 20
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Frederick Baker II
Frederick Baker II
05:13 26 Jun 20
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Jonathan Mora
Jonathan Mora
19:13 04 May 20
I had a summons to court for reckless driving doing 82/70, and they took care of it without a problem and got it dismissed for me! They also work with you on your payments! Rhonda is the sweetest person I’ve ever spoke too, she worked with me and helped me tremendously! I highly recommend you choose this amazing and sweet firm to help your cases! ❤️
Aleah Nicole
Aleah Nicole
13:46 11 Apr 20
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Dusty Kimber
Dusty Kimber
22:43 02 Apr 20
Great job of communicating throughout the entire process. Rhonda and staff were very professional, with great knowledge, and results.They were able to get my speeding ticket completely dismissed.
Kendrick Wiggins
Kendrick Wiggins
20:03 02 Apr 20