A Virginia traffic charge is often a criminal charge. Law Offices Of SRIS, P.C. practices in Virginia traffic law.
When you see flashing lights in your rearview mirror on the George Washington Memorial Parkway, on I-395, or on a street in Old Town Alexandria, what follows may not be a fine slip. Reckless driving, driving under the influence, driving on a suspended license, and leaving the scene are criminal charges under the Code of Virginia.
A conviction produces a criminal record — one that appears in background checks, security clearance reviews, commercial driving files, and immigration proceedings.
Law Offices Of SRIS, P.C. was founded in 1997 and practices across Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm's Virginia traffic practice covers Alexandria and the surrounding Northern Virginia jurisdictions.
Six things that decide how a Virginia traffic matter proceeds — read them before you do anything with the summons.
Reckless driving and driving under the influence are Class 1 misdemeanors under Va. Code § 46.2-868 and § 18.2-270 — the same classification as assault and battery.
Signing at the roadside is a promise to appear. It is not a guilty plea and it waives nothing.
Paying a Virginia traffic charge online or by mail enters a guilty plea. For a misdemeanor charge prepayment is not available — you must appear.
A charge issued in the City of Alexandria by city or state police is heard in a Virginia court. A charge issued by a federal officer on the George Washington Memorial Parkway is not.
The Virginia DMV may suspend on 18 demerit points in 12 months or 24 in 24 months. Reckless driving and DUI each carry six points and stay on the record for eleven years.
Va. Code § 16.1-132 sets the window and it runs from the date of judgment. This is the only genuine deadline on this page, and it is short.
Section 3
Every entry below names the governing Code of Virginia section. The section printed on your summons determines whether you face an infraction, a misdemeanor, or a felony.
Up to twelve months in jail, a fine of up to $2,500, and a court-ordered license suspension of up to six months. Reckless driving by speed reaches 20 mph or more above the limit, or any speed in excess of 85 mph regardless of the posted limit — which on I-95 and I-395 reaches drivers moving with traffic. General reckless driving does not depend on a number at all.
§ 46.2-868 · § 46.2-862 · § 46.2-852 · § 18.2-11 · § 46.2-392
A first offense carries a mandatory minimum fine of $250 and a twelve-month revocation. Elevated BAC triggers mandatory confinement — five days at 0.15 to 0.20, ten days above 0.20. Ignition interlock is required for any restricted license, with VASAP enrollment to follow. A third offense within ten years is a Class 6 felony.
§ 18.2-266 · § 18.2-270 · § 18.2-270.1 · § 18.2-271 · § 18.2-271.1
A first unreasonable refusal is a civil offense carrying a twelve-month suspension during which no restricted license is available. A second within ten years is a Class 1 misdemeanor with a three-year suspension. The refusal charge is in addition to the underlying DUI charge, and both may be prosecuted. A roadside preliminary breath test is a different thing.
§ 18.2-268.2 · § 18.2-268.3 · § 18.2-267
Not every charge is criminal. Speeding, following too closely, failure to yield, and improper lane change are traffic infractions. Aggressive driving is a misdemeanor. Where a reckless driving charge is reduced, the reduction is commonly to improper driving — a three-point infraction.
§ 46.2-870 · § 46.2-873 · § 46.2-816 · § 46.2-868.1 · § 46.2-869
Each conviction can extend the suspension period. Many defendants do not learn their privilege was suspended until the stop — often from an unpaid court cost or an unsatisfied out-of-state obligation. Reinstatement generally proceeds through the Virginia DMV; court petition is the route in specific circumstances.
§ 46.2-301
Virginia repealed the Habitual Offender Act for new adjudications in 1999, but the statute continues to reach drivers previously adjudicated as habitual offenders. Petitions for restoration of driving privileges are filed in the circuit court.
§ 46.2-357 · § 46.2-360 · § 46.2-361
The statute imposes a duty to stop, provide identifying information, and render reasonable assistance. The grade of the charge depends on whether anyone was injured and on the value of the property damage. Damage to unattended property is governed separately.
§ 46.2-894 · § 46.2-896
Failure to stop for a law enforcement officer is charged as a misdemeanor or a felony depending on the circumstances of the pursuit.
§ 46.2-817
Disqualification consequences run independently of the criminal sentence and are not reduced by a restricted license. A charge received while driving a personal vehicle can still disqualify a commercial privilege.
49 C.F.R. § 383.51 · § 46.2-341.18
Involuntary manslaughter arising from the operation of a motor vehicle, and aggravated involuntary manslaughter while driving under the influence, are felony matters tried in the Alexandria Circuit Court. Separate felony exposure arises for DUI maiming.
§ 18.2-36 · § 18.2-36.1 · § 18.2-51.4
Where a reckless driving charge is reduced, the reduction is commonly to improper driving under Va. Code § 46.2-869 — a traffic infraction carrying three demerit points rather than a misdemeanor conviction. Whether that outcome is available in any given matter depends on the charge, the driving record, the evidence, and the court. It is not a result any lawyer can promise.
Routing depends on the charge and on where the stop occurred. There are four possibilities, and getting this wrong means appearing at the wrong courthouse and failing to appear at the right one.
520 King Street, Alexandria, VA 22314
Traffic infractions and Class 1 and Class 2 misdemeanors arising in the City of Alexandria, including reckless driving, driving under the influence, and driving on a suspended license. There is no jury.
520 King Street, Alexandria, VA 22314
Felony traffic matters, and appeals from the general district court — heard de novo under Va. Code § 16.1-136, with the right to a jury.
City of Alexandria
Matters involving a juvenile defendant.
Before a U.S. Magistrate Judge
Citations issued by U.S. Park Police on the George Washington Memorial Parkway, or by a federal officer on other federal property. These are not heard in the Alexandria General District Court.
The George Washington Memorial Parkway is National Park Service land. A citation issued there by U.S. Park Police proceeds in federal court under 36 C.F.R. Part 4 and, where state law is assimilated, the Assimilative Crimes Act, 18 U.S.C. § 13. Appearing at 520 King Street will not answer it.
Section 5
Note the Virginia Code section printed on it. That section determines whether you face an infraction, a misdemeanor, or a felony — and it determines everything downstream. Note the court date, time, and the court named.
Not with insurers, not on social media. Paying the fine online is a guilty plea.
Weather, traffic, road conditions, what was said, where exactly the stop occurred. Detail fades.
Photographs of the location, vehicle damage, or obscured signage. Passengers may be witnesses.
A clean record is a mitigating factor. Errors need to be addressed before the court date, not at it.
Where the charge is speed-related, calibration is worth obtaining early.
Contact Law Offices Of SRIS, P.C. at (888) 437-7747.
The attorneys listed on this page are admitted in Virginia and practice in traffic or criminal matters. Non-Sris attorneys are Of Counsel and contract directly with Law Offices Of SRIS, P.C.
Owner and Founder · Former Prosecutor
Admitted in VA, MD, DC, NJ, NY
Criminal defense · traffic law
Founded the practice in 1997. A former prosecutor.
Of Counsel
Admitted in Virginia
Driving under the influence · criminal law · traffic law
A former Virginia State Trooper.
Of Counsel
Admitted in Virginia and Maryland
Criminal law · DUI defense · traffic law
A former prosecutor.
Of Counsel
Admitted in Virginia
Traffic law · personal injury
Three stops, three different forums. Illustrative only — every matter turns on its own facts.
A driver accelerates to keep pace with traffic and is clocked at 86 mph. Because Va. Code § 46.2-862 reaches any speed in excess of 85 mph regardless of the posted limit, the summons is for reckless driving — a Class 1 misdemeanor, not an infraction. A court appearance is required.
Alexandria General District Court
A driver leaving a restaurant is stopped after a wide turn, performs field sobriety tests and a breath test, and is charged with a first offense under Va. Code § 18.2-266 — with a twelve-month revocation and ignition interlock in issue.
Alexandria General District Court
A driver on the George Washington Memorial Parkway is cited by a U.S. Park Police officer for 65 mph in a 45 mph zone. Because the parkway is federal parkland, the matter proceeds before a U.S. Magistrate Judge. Read the summons to confirm the forum named.
U.S. District Court, E.D. Va.
Answers describe Virginia law generally. They are not legal advice for your situation, and no attorney-client relationship is created by reading them.
Ask us directly: (888) 437-7747That is your decision. A simple speeding infraction carries a fine and demerit points but no jail exposure. A speed of 20 mph or more over the limit, or any speed in excess of 85 mph, may be charged as reckless driving under Va. Code § 46.2-862 — a Class 1 misdemeanor with a criminal record attached. The code section on your summons tells you which situation you are in.
Reckless driving is a Class 1 misdemeanor. Va. Code § 46.2-868 and § 18.2-11 set the exposure at up to twelve months in jail and a fine of up to $2,500. The court may suspend the license for up to six months under Va. Code § 46.2-392. The conviction carries six demerit points and remains on the Virginia DMV record for eleven years.
A first offense under Va. Code § 18.2-266 is a Class 1 misdemeanor. Va. Code § 18.2-270 sets a mandatory minimum fine of $250, and Va. Code § 18.2-271 provides for a twelve-month license revocation. A BAC of 0.15 to 0.20 adds a mandatory minimum of five days of confinement; above 0.20, ten days. Ignition interlock applies to any restricted license under Va. Code § 18.2-270.1.
The court may grant one under Va. Code § 18.2-271.1, subject to enrollment in the Virginia Alcohol Safety Action Program and installation of an ignition interlock device under Va. Code § 18.2-270.1. It is not automatic, and it is not available at all during a suspension imposed for refusal under Va. Code § 18.2-268.3.
Charges are sometimes dismissed, sometimes reduced, and sometimes tried to conviction. The outcome depends on the evidence, the code section charged, the driving record, and the discretion of the court. No attorney can predict or promise a result.
The court may issue a capias — a warrant for your arrest — and the DMV may be notified to suspend your driving privilege. If you have missed a date, that is a matter to raise with counsel immediately rather than to wait out.
Timelines vary by court and by charge. A misdemeanor set in the Alexandria General District Court may resolve at the first setting or be continued across several months, particularly where discovery, review of instrument records, or an evidentiary motion is involved. A felony matter proceeds through preliminary hearing, grand jury, and circuit court, and takes considerably longer.
Fees depend on the charge, the court, the complexity of the record, and whether the matter is contested or appealed. The firm discusses fees during the consultation, before any representation begins. The firm does not offer free consultations.
Where the offense is criminal — reckless driving, driving under the influence, driving on a suspended license — a conviction appears on the criminal record and is visible on most background checks. Virginia's expungement statute, Va. Code § 19.2-392.2, generally reaches charges that did not result in conviction.
Not for a traffic infraction. Where the speed is high enough to be charged as reckless driving under Va. Code § 46.2-862, the charge is a Class 1 misdemeanor and jail is within the range of penalties.
Virginia's statute, Va. Code § 18.2-266, does not use either abbreviation. It reaches driving while under the influence of alcohol, drugs, or a combination. The two abbreviations are used interchangeably in ordinary speech to describe the same charge.
Yes. Virginia's traffic laws apply to everyone driving in the Commonwealth. Under the Driver License Compact, Va. Code § 46.2-483, the conviction is reported to your home state licensing authority, which applies its own rules to the reported offense.
Commercial holders face disqualification under 49 C.F.R. § 383.51 and Va. Code § 46.2-341.18 that runs independently of the criminal sentence. A charge received while driving a personal vehicle can still affect the commercial privilege, and a restricted license does not reduce a disqualification.
Yes. The firm's Virginia traffic practice covers Alexandria and surrounding Northern Virginia jurisdictions, including Arlington County, Fairfax, Fairfax County, Falls Church, Loudoun County, Manassas, Manassas Park, and Prince William County.
The firm does not maintain a location in the City of Alexandria. The firm appears in the Alexandria General District Court and the Alexandria Circuit Court. All offices are by appointment only.
Nearest to the Alexandria courts
1655 Fort Myer Dr, Suite 700, Room No: 719, Arlington, VA 22209703-589-9250
By appointment only
4008 Williamsburg Court, Fairfax, VA 22032703-278-0405
By appointment only
20130 Lakeview Center Plaza, Room No: 403, Ashburn, VA 20147571-279-0110
By appointment only
7400 Beaufont Springs Drive, Suite 300, Room No: 395, Richmond, VA 23225804-201-9009
By appointment only
505 N Main St, Suite 103, Woodstock, VA 22664(888) 437-7747
That determines whether you are facing an infraction, a misdemeanor, or a felony, and whether the forum is state or federal. Have the summons in front of you when you call.
Request a consultation: (888) 437-7747