Traffic and Misdemeanor Questions
Not every charge written on a Virginia summons is the same kind of thing. Some are infractions. Some are criminal. The difference matters far more than most people expect.
Reckless driving has its own page. Start there if that is your charge.
Is it a ticket, or is it criminal?
An infraction and a misdemeanor are heard in the same courthouse, often on the same morning, by the same judge. They do not carry the same consequences.
Traffic infraction
A civil violation. Fines and DMV demerit points, no criminal record. Many are prepayable — which is exactly where people get into trouble.
People forget about what comes after the prepayment: the DMV consequences when those points get reported, the insurance impact, and what happens when your employer runs your record.
Class 1 misdemeanor
Criminal. Up to 12 months in jail and a fine up to $2,500. Reckless driving and driving on a suspended license both sit here.
Why the difference matters
Employers, licensing boards and insurers read the two very differently. So does the DMV.
Traffic and misdemeanor charges, answered.
Can I just prepay the ticket?
Sometimes you can. Often you should not. Prepaying is a guilty plea. It puts demerit points on your record and it closes the door on any negotiation. Talk to a lawyer before you prepay, even on the prepayable offenses.
How do DMV demerit points work?
Points are assigned according to the offense and they accumulate. Enough of them in a short enough window brings a letter from the DMV, and that letter can mean a driver improvement clinic or a suspension.
What happens if I miss my court date?
If it is a misdemeanor, the court can issue a capias — an order for your arrest — or place you in a fugitive file, and you can be charged with failure to appear on top of the original charge. You can also be tried in your absence and found guilty.
If it is an infraction, you can also be tried in your absence and found guilty.
If you have already missed a date, tell me on the first call. It is fixable more often than people think, but the clock is ticking.
In Virginia you have 30 days to file a motion to rehear in General District Court before the same judge — but do not wait 30 days. Judges want to hear from you right away. It should be filed as close to the missed court date as possible.
If that motion is denied, you have ten calendar days to note your appeal to Circuit Court. Do not miss those dates.
Do I have to appear in person?
For an infraction, often not. For a misdemeanor, usually yes, although some cases qualify for a waiver where I appear and you do not have to. It depends on the charge and on the court.
I am from out of state. Do I still have to deal with this?
Yes. Virginia law applies to you while you are driving here, and a conviction follows you home, onto your record and your insurance. Out-of-state cases are often the ones where a waiver helps most.
What about a DUI?
A first offense under Va. Code § 18.2-266 is a Class 1 misdemeanor, and the consequences reach well past the courtroom. It is its own conversation, and worth having early.
What should I bring to the first call?
Your summons, your driving record if you have one, and the story in your own words. Fifteen minutes is usually enough for me to tell you what you are actually facing.
But I am available beyond that fifteen minutes — the clock is not ticking. That is not a hard and fast rule when you are dealing with people.
You can email me your ticket as a starting point at andigeloolaw@gmail.com.
Do I really need a lawyer for this?
For a minor infraction, sometimes not, and I will tell you so. For anything criminal you are making a decision about your record, and that is worth a conversation before you make it.
Looking for a specific charge?
Fairfax · Prince William · Loudoun · Fauquier · Arlington · Stafford · Spotsylvania, and courts throughout Virginia. See the full list.
We are here to help you navigate this.
The first conversation is free. Plan for about 15 minutes — sometimes longer. My clock isn’t ticking while we’re talking.
Bring your summons and tell me what happened in your own words. I’m happy to keep answering your questions even after the consult, especially if you’re a nice person. My clients usually are.
And if I’m not the right fit for your case, I’ll tell you.