Understanding Reckless Driving in Arlington VA

Reckless driving in Arlington, Virginia, is a Class 1 misdemeanor, carrying severe penalties that can include jail time, substantial fines, and license suspension, making it far more serious than a typical traffic infraction.

Virginia law defines reckless driving broadly, encompassing various behaviors that endanger life, limb, or property. Unlike many states where “reckless” behavior is a specific criminal charge, in Virginia, several specific acts are statutorily defined as reckless driving. The most common charges my clients face often stem from speed-related offenses. Under Virginia Code § 46.2-862, driving 20 MPH or more over the posted speed limit, or driving over 85 MPH regardless of the posted speed limit, constitutes reckless driving. This means that even in a 65 MPH zone, driving at 86 MPH or higher qualifies, as does driving 75 MPH in a 55 MPH zone.

Beyond speed, Virginia Code § 46.2-852 broadly defines reckless driving as “driving a vehicle on the highways of the Commonwealth recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person.” This catch-all provision can apply to erratic lane changes, unsafe passing, or driving with faulty brakes, among other actions. The key element is demonstrating a disregard for the safety of others or their property. As a seasoned attorney, I’ve seen this provision applied in myriad situations where the officer believes the driving behavior posed a substantial risk, even without excessive speed.

Consequences of a Reckless Driving Conviction

The stakes for a reckless driving conviction are exceptionally high. As a Class 1 misdemeanor, the penalties can include:

• Jail Time: Up to 12 months in the Arlington County Detention Facility. While jail time isn’t automatic, it is a very real possibility, especially for egregious speeds or repeat offenses.
• Fines: Up to $2,500. This fine can be imposed in addition to court costs.
• License Suspension: Your driving privileges in Virginia can be suspended for up to 6 months. For out-of-state drivers, this suspension will often be reported to your home state’s DMV, potentially leading to reciprocal action on your license there.
• Demerit Points: Six demerit points assessed to your Virginia driving record, remaining for 11 years. Accumulating too many points can lead to further administrative license suspension by the Virginia Department of Motor Vehicles (DMV).
• Criminal Record: A reckless driving conviction is a criminal offense, not merely a traffic infraction. This can impact employment, security clearances, and even professional licenses.

The cumulative effect of these penalties can be devastating. My primary goal is always to minimize or eliminate these consequences, often by working to reduce the charge to a non-criminal offense or having it dismissed entirely. The strategy employed is unique to each case, considering the specifics of the charge, the driving record, and the temperament of the court and prosecutor in Arlington General District Court.

Navigating Speeding Tickets: Beyond Just a Fine

A speeding ticket in Arlington, Virginia, can incur demerit points, increased insurance premiums, and, crucially, can escalate to a reckless driving charge if the speed is sufficiently high under Virginia law.

While often viewed as minor nuisances, speeding tickets in Virginia carry more weight than many realize. The Virginia Code outlines various speed limits, and exceeding them, particularly significantly, can lead to serious legal consequences. For instance, Virginia Code § 46.2-870 sets general speed limits, but specific limits are posted for various roadways. A conviction for speeding results in demerit points on your driving record and can lead to higher insurance rates. The number of points varies depending on how much you were exceeding the speed limit:

• 3 Demerit Points: 1-9 MPH over the speed limit.
• 4 Demerit Points: 10-19 MPH over the speed limit.
• 6 Demerit Points: 20 MPH or more over the speed limit (this is also when it typically becomes reckless driving), or for driving over 85 MPH regardless of the limit.

What many drivers fail to grasp is the “reckless by speed” provision. If you are charged with driving 20 MPH or more above the speed limit, or at any speed over 85 MPH, your speeding ticket transforms into a reckless driving charge, a Class 1 misdemeanor. This transformation significantly elevates the potential penalties from a simple fine and points to possible jail time, substantial fines, and license suspension, as discussed in the previous section. In Arlington County, law enforcement and prosecutors are particularly diligent in enforcing these provisions, recognizing the inherent dangers of excessive speed on crowded roadways.

Furthermore, even if your speed doesn’t technically qualify as reckless driving, accumulating multiple speeding tickets can lead to administrative license suspension by the Virginia DMV. If you accrue 12 demerit points within 12 months or 18 points within 24 months, the DMV will suspend your license and require you to complete a driver improvement clinic. This administrative action is separate from any court-imposed penalties. My counsel focuses not only on the immediate court outcome but also on the long-term impact on your driving record and privileges.

The Gravity of Driving on a Suspended License

Driving on a suspended or revoked license in Arlington, Virginia, is a serious misdemeanor under Virginia Code § 46.2-301, carrying mandatory minimum jail time for subsequent offenses and significant fines.

Operating a motor vehicle on Virginia highways while your privilege to drive has been suspended or revoked is a critically serious offense. Unlike speeding or even reckless driving, which can sometimes be reduced or dismissed without jail time, driving on a suspended license often carries mandatory minimum sentences, especially for repeat offenders. Virginia Code § 46.2-301 dictates the penalties, which escalate dramatically with each subsequent conviction. The reasons for a license suspension can vary widely, from unpaid fines, failure to appear in court, a DUI conviction, or accumulating too many demerit points.

Consequences of Driving While Suspended:

• First Offense: A Class 1 misdemeanor, punishable by up to 12 months in jail and/or a fine of up to $2,500. While not mandatory, jail time is frequently imposed, particularly in Arlington County where the courts take this offense very seriously due to its disregard for prior court orders or administrative decisions.
• Second Offense (within 10 years): Still a Class 1 misdemeanor, but with a mandatory minimum jail sentence of 10 days. The judge has no discretion to waive this jail time.
• Third or Subsequent Offense (within 10 years): Also a Class 1 misdemeanor, but with a mandatory minimum jail sentence of 6 months. This reflects the court’s view of continued defiance.
• Extended License Suspension: In addition to the criminal penalties, the court will often extend your existing license suspension period.
• Vehicle Impoundment: In some cases, your vehicle may be impounded.

The critical element in these cases is often proving that you had knowledge of your license suspension. However, Virginia law often presumes knowledge if proper notice was given by the DMV or a court. My work in these cases involves meticulously reviewing the facts to challenge the presumption of knowledge, explore reasons for the suspension, and identify any procedural errors. Successfully defending against a suspended license charge is vital, as a conviction can trap you in a cycle of extended suspensions, fines, and jail time, making it incredibly difficult to regain your driving privileges.

Restoring your license requires addressing the underlying reasons for the suspension, which can involve paying outstanding fines, completing driver improvement clinics, or resolving old court cases. My role is to not only defend against the charge but also to provide a clear roadmap for license reinstatement, working with you through every step of the often-complicated DMV process.

The Arlington VA Traffic Court Process

Navigating traffic charges in Arlington General District Court involves specific steps, from arraignment and initial hearings to potential trials and appeals, requiring a strategic approach and understanding of local court customs.

When you receive a traffic ticket in Arlington, Virginia, particularly for serious offenses like reckless driving or driving on a suspended license, you will typically be issued a summons to appear in the Arlington General District Court. This court handles all misdemeanors and infractions, and it’s where your case will initially be heard. The process generally unfolds as follows:

1. Arraignment/First Appearance: This is your initial court date. For minor infractions, you might be able to pay the fine beforehand. For misdemeanors, you or your attorney must appear. At this stage, you’ll enter a plea (guilty, not guilty, or no contest). Most seasoned attorneys will advise entering a “not guilty” plea to preserve your options for defense, negotiation, or trial.
2. Discovery and Investigation: Once a “not guilty” plea is entered, your attorney will begin the process of discovery. This involves gathering evidence, such as police reports, witness statements, and dashcam or bodycam footage. We will also investigate the circumstances surrounding your stop, the calibration of speed-measuring devices (like LIDAR or RADAR), and the officer’s training. For suspended license cases, we meticulously review your DMV record and suspension notices.
3. Pre-Trial Conferences/Negotiations: Before a trial, your attorney will often engage in discussions with the prosecutor (the Commonwealth’s Attorney for Arlington County). The goal of these negotiations is to explore potential plea agreements, such as reducing the charge to a lesser offense (e.g., from reckless driving to improper driving or a simple speeding infraction), or even having the charge dismissed if there are significant evidentiary weaknesses. This is where an attorney’s relationships and familiarity with the court and prosecutor’s office can be incredibly valuable.
4. Trial: If a plea agreement cannot be reached or is not in your best interest, the case proceeds to trial. In the General District Court, trials are typically conducted before a judge, not a jury. Your attorney will present your defense, cross-examine the officer and any witnesses, and present any mitigating evidence or testimony.
5. Sentencing: If found guilty, the judge will determine the appropriate penalties based on the law, your driving record, and the specific facts of the case.
6. Appeal: If you are convicted in General District Court, you have an automatic right to appeal the decision to the Arlington County Circuit Court within 10 days. An appeal means the case is heard de novo, or as if for the first time, in the higher court, allowing for a complete re-litigation of the case.

The roles of the Arlington General District Court, the Commonwealth’s Attorney’s Office, and the Virginia Department of Motor Vehicles (DMV) are distinct but interconnected. The court adjudicates the criminal and traffic charges, the Commonwealth’s Attorney prosecutes them, and the DMV maintains your driving record and enforces administrative suspensions based on court convictions or point accumulation. Law Offices Of SRIS, P.C. works seamlessly across these entities to ensure your defense is comprehensive and strategic.

The SRIS Virginia Traffic Defense Navigator Tool

Navigating the aftermath of a traffic ticket can be overwhelming. To empower you with a clear roadmap, Law Offices Of SRIS, P.C. presents the SRIS Virginia Traffic Defense Navigator Tool. This tool is designed to help you understand the immediate steps to take and what information is crucial for building a strong defense, especially for reckless driving, speeding, or suspended license charges in Arlington VA.

Your Step-by-Step Guide to Responding to a Virginia Traffic Charge:

1. Understand Your Summons:
   • What it is: Locate your traffic summons (ticket).
   • Key Information: Identify the court date, time, and specific charges (e.g., VA Code § 46.2-862 for reckless driving by speed, § 46.2-301 for driving suspended).
   • Action: Note the court location (Arlington General District Court). Never miss your court date.
2. Document the Incident Immediately:
   • Recall Details: Write down everything you remember about the stop: time, location, weather, road conditions, traffic volume, police officer’s demeanor, what was said.
   • Vehicle Condition: Note if your vehicle has any issues (e.g., speedometer calibration, tire condition).
   • Evidence: Take photos of the scene, signage, road conditions, and any relevant dashcam footage or witness contact info.
3. Assess Your Driving Record:
   • Virginia DMV: Obtain a copy of your official Virginia DMV driving record (Driver Transcript) online or in person.
   • Points & History: Check for current demerit points, prior convictions, and any active suspensions. This information is crucial for your defense strategy.
   • Action: If your license is suspended, confirm the reason and exact reinstatement requirements.
4. Prepare for Court (Even Before Speaking to an Attorney):
   • Driving School: Consider completing a Virginia DMV-approved driver improvement clinic. Presenting a certificate of completion to the court can sometimes mitigate penalties or show good faith.
   • Speedometer Calibration: For speeding/reckless driving by speed, get your speedometer calibrated by a certified mechanic and obtain a written report.
   • Community Service: For serious charges, consider performing some verifiable community service. This demonstrates responsibility and can be viewed favorably by the court.
5. Consult with Experienced Legal Counsel:
   • Timeliness: Do not wait until the last minute. Contact Law Offices Of SRIS, P.C. as soon as possible after receiving your ticket.
   • Initial Review: Be prepared to discuss all the documented details, your DMV record, and provide a copy of your summons.
   • Strategy Session: A knowledgeable attorney will assess the strengths and weaknesses of your case, explain your options, and outline a defense strategy tailored to your specific circumstances and the Arlington court environment.

This Navigator Tool provides a robust framework, but it is not a substitute for seasoned legal advice. Each case is unique, and the best defense strategy is always developed in consultation with a legal professional. Law Offices Of SRIS, P.C. stands ready to guide you through this process.

Legal Strategies & Defenses in Traffic Cases

Effective legal strategies in Arlington VA traffic cases involve challenging the prosecution’s evidence, leveraging mitigating circumstances, and skillfully negotiating with the Commonwealth’s Attorney to achieve the best possible outcome.

Successfully defending against traffic charges like reckless driving, speeding, or driving on a suspended license requires a multifaceted approach. With over two decades of experience, I know that no two cases are identical, and the most effective defense is always tailored to the specific facts, the client’s driving history, and the particulars of the Arlington General District Court. Here are some common strategies and defenses we might explore:

Defending Against Reckless Driving and Speeding Charges:

• Challenging Speed Measurement:
  • Radar/Lidar Calibration: We can question the calibration records of the speed-measuring device. Officers must have up-to-date certification for their equipment.
  • Operator Certification: The officer operating the radar or lidar must be properly trained and certified.
  • Environmental Factors: Weather conditions, traffic density, and terrain can affect the accuracy of speed readings.
• Challenging “Reckless” Conduct:
  • Officer Observation: We can scrutinize the officer’s observations regarding erratic driving. Was it truly reckless, or merely a momentary lapse or an unavoidable maneuver?
  • Circumstantial Evidence: For generalized reckless driving, we examine whether the evidence truly supports an endangerment to life, limb, or property.
• Mitigating Factors:
  • Speedometer Calibration: Presenting proof that your speedometer was faulty and reading lower than your actual speed can be a strong mitigating factor.
  • Driver Improvement Clinic: Voluntarily completing a Virginia DMV-approved driver improvement clinic before court demonstrates responsibility and can sometimes lead to a reduced charge.
  • Good Driving Record: A clean driving history can sway a judge or prosecutor towards a more lenient outcome.
  • Necessity: In rare cases, if you were speeding due to a genuine emergency (e.g., medical emergency), this could serve as a defense.
• Negotiation for Reduced Charge:
  • Improper Driving: For reckless driving cases, negotiating a reduction to “improper driving” (VA Code § 46.2-869) is a common goal. This is a simple traffic infraction, not a criminal offense, resulting in a maximum fine of $500 and 3 demerit points, with no jail time.
  • Simple Speeding: For higher-speed speeding tickets that border on reckless, we may seek a reduction to a lower speed or a simple speeding infraction.

Defending Against Driving on Suspended License Charges:

• Lack of Knowledge: A key defense is demonstrating that you did not know your license was suspended. This can involve proving the DMV did not properly notify you, or that the notice went to an old address. This defense requires meticulous review of DMV records and communication logs.
• Clerical Error: Sometimes, a suspension might be due to a clerical error or an administrative oversight that can be corrected.
• “Show Cause” Hearing: If the suspension was due to unpaid fines or failure to appear, sometimes arranging to pay the fines or rescheduling the original court date can resolve the underlying issue and strengthen your defense.
• Valid License at Time of Stop: In some cases, a suspension may have been lifted just prior to the stop, but the officer’s information was not updated.

Effective defense involves thorough preparation, an understanding of the local court’s tendencies, and assertive advocacy. As your legal counsel, Law Offices Of SRIS, P.C. will meticulously examine every aspect of your case, from the legality of the initial stop to the accuracy of the evidence, to build the strongest possible defense.

Common Mistakes to Avoid in Arlington VA Traffic Cases

When facing traffic charges in Arlington, Virginia, several common missteps can severely jeopardize your case. My two decades in traffic defense have shown me that avoiding these pitfalls is as crucial as building a strong defense.

1. Admitting Guilt or Making Incriminating Statements at the Scene: After being stopped, anything you say can and will be used against you. While you must provide your license and registration, you are not obligated to discuss the details of your driving or confess to any offense. Politely state that you prefer not to answer questions without your attorney present.
2. Missing Your Court Date: This is perhaps the most egregious mistake. Failure to appear (FTA) will almost certainly lead to a warrant for your arrest (show cause or capias warrant) and an automatic suspension of your driving privileges by the DMV. The penalties for FTA and subsequent driving on a suspended license are severe.
3. Paying the Fine for a Serious Charge Without Consultation: For simple infractions, paying the fine is an admission of guilt. For charges like reckless driving or driving on a suspended license, paying the fine is equivalent to a conviction on a criminal record, with all the associated points, fines, and potential license suspensions. Never pay a fine for a misdemeanor traffic charge without first consulting an attorney.
4. Ignoring the Long-Term Consequences: Many drivers focus only on the immediate fine. However, demerit points, increased insurance premiums, future license suspensions, and a permanent criminal record (for reckless driving) can have far more significant and lasting impacts than the initial fine.
5. Failing to Gather Your Own Evidence: Do not rely solely on the police report. Take pictures, note details, talk to potential witnesses, and obtain any relevant dashcam footage from your vehicle or nearby businesses. This proactive approach can provide crucial information for your defense.
6. Not Understanding Your DMV Record: Your driving record (points, prior offenses, suspension history) heavily influences how the court and prosecutor view your case. Not being aware of your record means you’re unprepared for how it might be used against you. Obtain your DMV transcript before your court date.
7. Going to Court Unprepared or Without Legal Counsel: The prosecutor and judge are seasoned legal professionals. Representing yourself, especially on a serious charge, puts you at a distinct disadvantage. An experienced attorney knows the laws, the court procedures, and often the individual tendencies of the local judges and prosecutors.
8. Driving While Your License is Suspended (Even if for a “Minor” Reason): This cannot be stressed enough. Driving on a suspended license, even for an old unpaid ticket, is a criminal offense in Virginia with mandatory jail time for repeat offenders. Do not drive until you are absolutely certain your license is fully reinstated.

Avoiding these common mistakes can significantly improve your chances of a favorable outcome. When in doubt, always seek counsel from a seasoned traffic defense attorney like those at Law Offices Of SRIS, P.C.

Glossary of Key Traffic Law Terms

Understanding the terminology is crucial when navigating the Virginia legal system for traffic offenses. Here are some key terms you might encounter:

Reckless Driving (Virginia Code § 46.2-862, § 46.2-852):

A Class 1 misdemeanor in Virginia, defined broadly as driving in a manner that endangers life, limb, or property, or specifically by exceeding certain speed thresholds (e.g., 20 MPH over the limit or over 85 MPH).

Demerit Points:

Points assessed by the Virginia DMV against your driving record for traffic convictions. Accumulating too many points within a certain timeframe can lead to administrative license suspension. Points stay on your record for 2 years, but the convictions themselves for 11 years.

Suspension/Revocation:

The temporary withdrawal (suspension) or termination (revocation) of your driving privileges by the DMV or a court order, often due to offenses like DUI, driving on points, or failure to pay fines.

Improper Driving (Virginia Code § 46.2-869):

A lesser traffic infraction that a reckless driving charge can sometimes be reduced to. It carries a maximum fine of $500 and 3 demerit points, but is not a criminal offense.

Commonwealth’s Attorney:

The prosecuting attorney in Virginia, representing the state (the “Commonwealth”) in criminal and serious traffic cases (like reckless driving and suspended license charges) in General District Court.

General District Court:

The lowest level trial court in Virginia, handling traffic infractions, misdemeanors, and civil cases under a certain dollar amount. Traffic trials in this court are heard by a judge, not a jury.

Plea Bargain:

An agreement between the prosecutor and the defendant (or their attorney) where the defendant pleads guilty or no contest to a lesser charge or in exchange for a recommended sentence, avoiding a full trial.

Common Scenarios & Questions

Here are a few common scenarios that clients bring to Law Offices Of SRIS, P.C., reflecting real-world challenges with traffic tickets in Arlington, Virginia:

Scenario 1: “I received a reckless driving ticket for going 88 MPH on I-395 in Arlington, but I truly didn’t realize the speed limit dropped.”

This is a frequent concern. Many drivers are caught off guard by the ‘reckless by speed’ statute, especially on highways where speed limits can fluctuate. While ignorance of the law is not a defense, factors like speedometer calibration, the road conditions, traffic volume at the time, and your driving history can be presented as mitigating circumstances. Our strategy would involve examining the officer’s radar/LIDAR calibration, your driving record, and potentially recommending a defensive driving course to demonstrate responsibility to the Arlington General District Court. The goal is often to negotiate a reduction to a simple speeding ticket or improper driving, avoiding the criminal conviction.

Scenario 2: “My license was suspended for unpaid parking tickets years ago, and I just got pulled over for speeding in Arlington. Now I’m charged with driving on a suspended license.”

This scenario highlights the dangerous trap of neglecting administrative issues. Driving on a suspended license (VA Code § 46.2-301) is a serious misdemeanor. Our initial step would be to immediately contact the DMV and any relevant courts to determine the exact reasons for the suspension and the requirements for reinstatement. We would investigate whether you received proper notice of the suspension. For Arlington General District Court, we would work to get the underlying issues resolved and present a comprehensive plan for license reinstatement to the judge, aiming to mitigate the penalties for driving while suspended, particularly if it’s a first offense.

Scenario 3: “I’m a commercial driver, and I got a regular speeding ticket in Arlington. Will this affect my CDL?”

Absolutely. For commercial drivers, even a seemingly minor speeding ticket can have disproportionate impacts on your Commercial Driver’s License (CDL) and livelihood. Virginia law reports all traffic convictions to the DMV, which in turn reports them to the Commercial Driver’s License Information System (CDLIS). Certain violations, even non-CDL ones, can lead to CDL disqualifications if they accumulate. Our strategy would be highly focused on preventing a conviction for any moving violation, as even a few points can threaten your ability to work. We would explore all avenues for dismissal, reduction, or deferral to protect your CDL and career.

Frequently Asked Questions (FAQ) About Arlington VA Traffic Offenses

Q: What is the difference between a traffic infraction and a misdemeanor in Virginia?

A: A traffic infraction is a non-criminal offense, typically punishable by fines and demerit points. A misdemeanor, like reckless driving or driving on a suspended license, is a criminal offense that can result in jail time, larger fines, and a criminal record, in addition to points and license suspension.

Q: How long does a reckless driving charge stay on my record in Virginia?

A: A conviction for reckless driving will remain on your driving record with the Virginia DMV for 11 years. As a criminal conviction, it will remain on your criminal record indefinitely, though its visibility may decrease over time unless specifically expunged (which is rare for traffic convictions).

Q: Can I get jail time for speeding in Arlington, Virginia?

A: Yes, if your speeding ticket is charged as reckless driving (e.g., 20 MPH over the limit or over 85 MPH), it becomes a Class 1 misdemeanor that carries a potential jail sentence of up to 12 months. Jail time is more likely for extremely high speeds, poor driving records, or if there were aggravating circumstances.

Q: What happens if I drive on a suspended license in Arlington?

A: Driving on a suspended or revoked license (Virginia Code § 46.2-301) is a Class 1 misdemeanor. Penalties include potential jail time (mandatory minimums for second or subsequent offenses), significant fines, and an extension of your license suspension.

Q: Will a traffic ticket from Arlington, VA, affect my insurance rates?

A: Yes, most traffic convictions, especially moving violations that result in demerit points, will likely lead to an increase in your automobile insurance premiums. Serious offenses like reckless driving or driving on a suspended license can cause a very substantial increase or even policy cancellation.

Q: Can I complete a driver improvement clinic to reduce points or charges?

A: Completing a Virginia DMV-approved driver improvement clinic (DIP) before your court date can sometimes be used as a mitigating factor to persuade the judge or prosecutor to reduce the charge or sentence. It can also award you five safe driving points on your record once every two years, which can offset demerit points.

Q: What is “improper driving” and why is it better than reckless driving?

A: Improper driving (VA Code § 46.2-869) is a non-criminal traffic infraction, whereas reckless driving is a criminal misdemeanor. A reduction to improper driving avoids a criminal record, carries fewer demerit points (3 points), and has a maximum fine of $500, with no jail time.

Q: How do I find out why my license is suspended or how to reinstate it?

A: You should contact the Virginia Department of Motor Vehicles (DMV) directly. They can provide you with your official driver transcript, which details all suspensions, their reasons, and the requirements for reinstatement. You can often do this online or in person at a DMV office.

Q: Do I need an attorney for a simple speeding ticket in Arlington?

A: While not always legally required, it is highly advisable, especially if the speeding is significant (e.g., nearing reckless driving thresholds), if you have a poor driving record, if you hold a CDL, or if you cannot afford additional points on your license. A seasoned attorney can often achieve better outcomes than self-representation.

Q: What if I am an out-of-state driver and get a ticket in Arlington, VA?

A: Virginia will report traffic convictions to your home state’s DMV via the Interstate Driver License Compact or other agreements. Your home state may then apply its own points system or other penalties based on the Virginia conviction. For serious offenses like reckless driving or suspended license, your home state may suspend your license reciprocally.

Q: How accurate are police radar/LIDAR devices? Can they be challenged?

A: Radar and LIDAR devices are generally accurate when properly calibrated and operated. However, their accuracy can be challenged in court if there’s evidence of improper calibration, operator error, or environmental interference. Your attorney can request calibration records and officer training certifications.

Q: If I appeal my General District Court conviction, what happens next?

A: An appeal to the Arlington County Circuit Court means your case will be heard “de novo,” or as if for the first time. The Circuit Court will conduct a new trial, allowing you to present your case again, often with the opportunity for a more in-depth defense. You have 10 calendar days to file an appeal from the date of conviction.

Q: Can I get an Arlington VA traffic ticket dismissed?

A: Dismissals are possible, though not guaranteed. They can occur due to insufficient evidence, procedural errors by law enforcement, or through successful negotiation with the Commonwealth’s Attorney where a plea agreement results in dismissal (e.g., after completing certain conditions like community service or driving school). A strong defense significantly increases this possibility.

Q: How do demerit points affect my Virginia driver’s license?

A: Accruing too many demerit points can lead to administrative license suspension by the DMV. For example, 12 points within 12 months or 18 points within 24 months will trigger a mandatory DMV-ordered driver improvement clinic and a 90-day license suspension.

Q: What should I bring to my initial confidential case review with Law Offices Of SRIS, P.C.?

A: Please bring your summons/ticket, your driver’s license, your vehicle registration, any documentation or photos you have collected from the incident, and a copy of your Virginia DMV driving record (if you have one).