Does A Traffic Offense Go On Your Criminal Record?
All traffic tickets may seem the same on the surface, but not every traffic offense is just that. Some are criminal. The most common criminal offenses that can occur while driving include:
- Driving Under the Influence – this may seem like the most obvious, and it occurs when drivers exceed the state’s limits on blood alcohol counts when operating a vehicle.
- Driving Without a License – it’s illegal to drive without a license all over the nation. In Virginia, this is considered a class 2 misdemeanor. What happens if you have a license but simply forgot it at home? In this event, the validity of the license can usually be searched by referring to the driver’s birth date or other personal information.
- Reckless Driving – can occur in several ways including driving over the speed limit, running a stop light, failing to yield, or simply operating a vehicle with wanton disregard for life, property or limb. Reckless driving is a little different from the other charges in that if may not appear on your criminal record under many circumstances. Even though it is technically a criminal charge in Virginia, you should talk to a lawyer to see if your specific case will result in a blemish to your criminal record. Many times it will not. It will certainly appear on the court records and on your driving record, which may eliminate many of the problems people often associate with a criminal conviction.
- Driving On Suspended License – this is also a misdemeanor in the state of Virginia, which subjects offenders to fines, vehicle seizure, and a criminal record.
When ticketed with any of these offenses, the drive must appear in court and face trial, unless a plea bargain is arranged through a lawyer.
If found guilty in court, the conviction will remain on the drivers criminal record indefinitely, and on their driving record for between 5 and 11 years depending on the charge. In addition, the penalties will range from fees, probation, driving school, license suspension and possibly jail time.
Examples of simple traffic offenses that are not criminal include not using a seat belt, speeding, and others.
In the event of speeding, this can also be a reckless driving traffic misdemeanor if the driver was exceeding 20 MPH above the posted speed limit in Virginia.
Options
If you end up with a traffic ticket that could be recorded on your criminal file, contact an attorney. The main options include:
- Driving Course in Lieu of Conviction – this isn’t offered in all jurisdictions. A case in point is Fairfax county, where the courts are stricter than most.
- Plea Bargains – a reckless driving charge can sometimes be reduced to an improper driving infraction or some other reduced charge.
- Fighting for Innocence – one surefire way to skip a criminal record is be proven innocent of the charges brought against you.
Tips for Residents and Out of State Drivers
Review local state laws and the DMV to determine criminal offenses while driving, so that you’re walking in line with the law.
