A Virginia traffic summons is not always a ticket. Depending on the code section written on it, it may be a criminal charge answerable in the Arlington County General District Court.
Law Offices Of SRIS, P.C. has practiced law since 1997 and represents drivers facing traffic and DUI charges in Arlington County and across Northern Virginia.
Virginia divides driving offenses into two categories, and the difference decides whether a conviction leaves a criminal record.
Basic speeding under Va. Code § 46.2-870, sign violations, improper lane change. Penalty is a fine and DMV demerit points. No jail. No criminal record.
Reckless driving, DUI, driving on a suspended license, eluding. These are crimes. A Class 1 misdemeanor is punishable under Va. Code § 18.2-11(a) by up to 12 months in jail and a fine of up to $2,500, and a conviction creates a permanent criminal record.
Drivers licensed outside Virginia are frequently surprised by this. Under Va. Code § 46.2-862, a speed of 20 mph or more above the posted limit — or any speed in excess of 85 mph regardless of the limit — may be charged as reckless driving, a Class 1 misdemeanor, not an infraction. On I-66, I-395, and the George Washington Memorial Parkway, that threshold is reached at ordinary highway speeds.
| Consequence | Detail |
|---|---|
| Jail exposure | Up to 12 months on a Class 1 misdemeanor (Va. Code § 18.2-11(a)) |
| Fine | Up to $2,500 on a Class 1 misdemeanor |
| DMV demerit points | Reckless driving and DUI are 6-point offenses; retained 11 years |
| License | Suspension or revocation depending on the offense |
| Criminal record | Permanent, and visible to employers and licensing bodies |
| Security clearance | A criminal conviction is reportable and may trigger review |
| Insurance | Rates commonly rise following a moving-violation conviction |
These are the ranges set by statute and by the DMV point schedule. They are not predictions about any particular case. What a court actually imposes depends on the charge, the evidence, and the record before it. Results may vary.
Punishable as a Class 1 misdemeanor under § 46.2-868. Also charged for passing a stopped school bus, racing, and driving that endangers life, limb, or property. Defense work commonly examines the speed-measurement method, the calibration record for the radar or lidar unit, and the officer's basis for the stop.
Penalties are set at § 18.2-270, and the license forfeiture that follows a conviction is governed by § 18.2-271. A first offense is a Class 1 misdemeanor carrying a mandatory minimum fine and a 12-month license revocation. Review typically covers the lawfulness of the stop, field sobriety testing, the breath or blood testing protocol, and the chain of custody.
A third or subsequent DUI within 10 years, DUI maiming, and DUI-related involuntary manslaughter are felonies. These are heard in the Arlington County Circuit Court, not the General District Court, and proceed by way of preliminary hearing and grand jury indictment.
A first unreasonable refusal is a civil offense carrying a 12-month license suspension during which a restricted license is not available. A second or subsequent refusal within 10 years is charged as a criminal offense rather than a civil one. Refusal is charged alongside the underlying DUI, not instead of it.
A Class 1 misdemeanor. Identifying and resolving the underlying reason for the suspension is ordinarily the first step.
Hit and run is charged as a felony or a misdemeanor depending on injury and property-damage thresholds. Eluding law enforcement is charged as a misdemeanor or a felony depending on the conduct alleged.
Speeding — Va. Code § 46.2-870.
Failure to yield, disregarding a highway sign, following too closely, improper lane change — routinely cited after a collision, where a conviction can also bear on civil fault.
CDL violations — under 49 C.F.R. § 383.51, certain moving violations are classified as serious violations, and two within three years can disqualify a commercial licence. A CDL holder cannot take driver-improvement credit to avoid the entry.
Where the facts support it, a reckless driving charge may be argued down to improper driving under Va. Code § 46.2-869 — a traffic infraction rather than a crime.
Amendment is at the discretion of the Commonwealth and the court. It is not available in every case. Results may vary.
Traffic infractions and misdemeanor traffic charges arising in Arlington County are heard at 1425 N. Courthouse Road, Arlington, VA 22201.
Discuss your court dateProceedings are not transcribed. A defendant convicted there has an appeal of right to the Arlington County Circuit Court, noted within 10 days, and that appeal is heard de novo — a complete new trial rather than a review of the first one.
Traffic misdemeanors are prosecuted by an Assistant Commonwealth's Attorney. The charging officer appears and testifies.
Paying a summons online resolves the case as a conviction. On a misdemeanor charge, that means pleading guilty to a crime without a hearing.
For many infractions and certain misdemeanors, Virginia law permits counsel to appear on a client's behalf. Whether that applies depends on the charge and on the court.
The summons, the code section charged, the driving record, and the client's licensing status and occupation are reviewed together.
Written request for the Commonwealth's evidence — officer's notes, any in-car or body-worn video, and the calibration certificate for any speed-measurement device used.
Virginia requires speed-measurement equipment to be calibrated and certified within a defined period. A defective or untimely certificate can affect admissibility.
Where a stop or a search raises a Fourth Amendment question, a motion to suppress may be filed.
Driver-improvement clinic completion, a speedometer calibration, and a clean record are commonly presented to the court.
Where a resolution is not reached, the matter is tried.
No approach produces a uniform result. Every traffic case turns on its own facts and its own record. Results may vary.
Owner and Founder · Former Prosecutor
Mr. Sris founded the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He is a former prosecutor. He testified in support of Virginia House Bill 635, for which the chief patron was Delegate David Bulova.
His practice includes criminal and traffic defense in the Virginia courts.
Of Counsel
Ms. Fisher is a former Maryland Assistant State's Attorney and is admitted to practice in Virginia and Maryland. Her practice includes criminal defense, DUI defense, and traffic defense.
It is a Class 1 misdemeanor, not an infraction. A conviction creates a permanent criminal record.
Virginia reports convictions to other member states under the Driver License Compact. Maryland then applies its own consequences. The Virginia charge is answered in Virginia regardless of where the driver is licensed.
No. No attorney can promise an outcome, and any such promise would be improper. Dismissal is one of several possible results and depends on the evidence and the court. Results may vary.
Sometimes not. Virginia law permits counsel to appear on a client's behalf for many infractions and some misdemeanors. It depends on the charge.
Virginia DMV assigns 3, 4, or 6 points to moving violations. Reckless driving and DUI are 6-point offenses and remain on the record for 11 years.
A traffic infraction under Va. Code § 46.2-869, sometimes available as a reduced disposition of a reckless driving charge when the court and the Commonwealth agree. Results may vary.
A criminal conviction is generally reportable and may prompt review. An infraction is a lesser concern, though a pattern of violations can still be relevant. Clearance adjudication is decided by the granting agency, not by a court.
Not necessarily. A first unreasonable refusal under Va. Code § 18.2-268.3 carries a 12-month suspension with no restricted license available, and it is charged in addition to the DUI.
Law Offices Of SRIS, P.C. — Arlington location. Send the details of your summons and we will follow up to arrange a consultation.
Arlington office
1655 Fort Myer Drive, Suite 700, Room No. 719
Arlington, VA 22209
By appointment only.
Traffic and DUI defense in Arlington County and Northern Virginia. Practicing law since 1997.
Arlington · 1655 Fort Myer Drive, Suite 700, Room No. 719, Arlington, VA 22209
By appointment only.
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
The information on this website is provided for general informational purposes only and is not legal advice. Viewing this site or contacting the firm does not create an attorney-client relationship. An attorney-client relationship is formed only by a signed written agreement.
Law Offices Of SRIS, P.C. has practiced law since 1997. Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Attorneys other than Mr. Sris are Of Counsel.
