Traffic offenses in Virginia can range from simple infractions to serious criminal charges that carry license suspension, jail time, and thousands in fines.
Even one mistake behind the wheel can affect your job, your insurance, and your record for years.
Whether you’re charged with reckless driving, DUI, hit-and-run, or driving on a suspended license, hiring the right lawyer early makes all the difference in protecting your driving privileges and minimizing the consequences.
A practical guide from Cardon Law. This is general information, not legal advice. For personalized help with your traffic or DUI case in Hampton Roads, contact David A. Cardon directly at (757) 620-3283.
1) Why You Need a Traffic Defense Lawyer in Virginia
Virginia treats many driving offenses as criminal charges, not just tickets.
For example:
| ⚖️ Charge | 📜 Code Section | 💡 Type | ⚠️ Potential Penalties |
|---|---|---|---|
| DUI / DWI (First Offense) | § 18.2-266 | Class 1 Misdemeanor | Up to 12 months jail, $2,500 fine, 1-year license suspension |
| Reckless Driving (General) | § 46.2-852 | Class 1 Misdemeanor | Up to 12 months jail, $2,500 fine, 6 points on license |
| Reckless – 85 mph or 20+ Over Limit | § 46.2-862 | Class 1 Misdemeanor | Same as above + possible license suspension |
| Driving While Suspended | § 46.2-301 | Class 1 Misdemeanor | Up to 12 months jail and further suspension |
| Hit & Run (Property Damage or Injury) | § 46.2-894 | Misdemeanor or Felony | Fines, jail, license revocation, criminal record |
| Driving Without a License | § 46.2-300 | Misdemeanor | Fine + possible jail + record |
Even first-time offenses can leave permanent criminal records that cannot be expunged in Virginia.
That’s why you should never simply “pay a ticket” without understanding the consequences.
2) What a Good Traffic Lawyer Does
A skilled traffic defense attorney will:
- Review the stop or arrest for legal errors (was there probable cause under § 19.2-81?);
- Challenge radar, LIDAR, or speed-calibration evidence;
- Negotiate charge reductions (for example, reckless driving reduced to improper driving under § 46.2-869);
- Argue for restricted licenses under § 18.2-271.1;
- Protect your DMV record and insurance rates; and
- Prepare for trial if negotiation fails.
A good lawyer will also appear in court on your behalf when permitted — saving you time, stress, and in some cases, travel.
3) Questions to Ask When Hiring a Traffic Attorney
- Do you regularly handle traffic cases in this court?
Local experience is crucial — every judge has different tendencies on speed and DUI cases. - Have you defended this type of charge before?
Reckless driving, DUI, and suspended-license cases each have unique defenses. - Can you appear in court for me if I live out of state?
Many Virginia Beach and Norfolk visitors are ticketed while traveling — your lawyer can often appear without you. - What are the possible outcomes and next steps?
A transparent lawyer will explain the best- and worst-case scenarios. - What’s your fee structure?
Most traffic cases are handled for a flat fee — always confirm in writing.
4) What to Expect at Your First Meeting
A professional traffic lawyer should:
- Review your summons, warrant, or ticket carefully;
- Explain whether the charge is criminal or civil;
- Outline court procedures and potential penalties;
- Identify early defenses (radar calibration, officer’s view, improper stop); and
- Advise whether to complete driving school or community service before court.
You should leave that meeting understanding what happens next, your options, and your lawyer’s plan.
5) Common Defenses in Virginia Traffic Cases
✅ Improper or Uncalibrated Radar/LIDAR — Officers must prove their equipment was properly calibrated and tested.
✅ Lack of Intent or “Driving Behavior” Evidence — Reckless driving requires proof of danger, not just speed.
✅ Faulty License Suspension Notice — For driving-while-suspended under § 46.2-301, the Commonwealth must prove proper notice.
✅ No Property Damage or Injury Evidence — In hit-and-run cases, lack of verified damage can reduce or dismiss charges.
✅ Unconstitutional Stop or Search — Any violation of your Fourth Amendment rights can suppress key evidence under § 19.2-60.
6) Red Flags — Signs You May Want to Look Elsewhere
| 🚫 Red Flag | ⚠️ Why It’s a Problem |
|---|---|
| “Guaranteed dismissals” or promises of no jail | No lawyer can promise results — every court and case is different. |
| You never meet the attorney in person | You deserve to meet the lawyer who will appear in court. |
| No written fee agreement | All terms should be clearly explained before you pay. |
| Poor communication or unanswered calls | If they’re hard to reach now, it won’t get better later. |
| Suggesting you plead guilty without reviewing the case | A lawyer should always evaluate defenses first. |
| No familiarity with the local court | Local experience in Virginia Beach, Norfolk, or Chesapeake makes a difference. |
7) Special Considerations for Out-of-State Drivers
If you live outside Virginia but were charged here (for example, while vacationing in Virginia Beach or traveling through I-64/I-264), a local attorney can often:
- Appear on your behalf;
- Request reduction to a non-moving violation; and
- Protect your out-of-state driving record.
Do not ignore the summons — failure to appear can lead to a bench warrant under § 19.2-128.
FAQ
Is reckless driving a criminal offense in Virginia?
Yes. Under § 46.2-852, reckless driving is a Class 1 misdemeanor — the same level as DUI — and carries possible jail time.
Can a lawyer reduce my reckless driving charge?
Often, yes. Judges may allow a reduction to “improper driving” under § 46.2-869 if your speed or behavior wasn’t excessively dangerous.
What if my license is suspended but I need to drive for work?
Your attorney can petition for a restricted license under § 18.2-271.1 if you meet eligibility requirements.
Do I need a lawyer for a first-time DUI?
Yes. DUI convictions carry mandatory license suspension, possible jail time, and ignition interlock requirements under § 18.2-270.1.
Can a hit-and-run be a felony?
Yes. Under § 46.2-894, if injury or property damage exceeds $1,000, it can be charged as a Class 5 felony.
Protect Your License, Your Record, and Your Future
Traffic charges in Virginia can carry serious consequences — from points and fines to jail and license loss.
Having the right lawyer on your side can mean the difference between conviction and dismissal.
Cardon Law defends drivers across Virginia Beach, Norfolk, Chesapeake, Portsmouth, and all of Hampton Roads in DUI, reckless driving, suspended license, and hit-and-run cases.
We know the local courts, the prosecutors, and the strategies that work.
📞 Free Consultation: (757) 306-9060
📱 24/7 Direct to David A. Cardon: (757) 620-3283
