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Speeding Ticket in VA with NC License

Daniel Leavitt • Jan 30, 2019

I HAVE A SPEEDING TICKET IN VA WITH NC LICENSE, WHAT WILL HAPPEN?

If you have a speeding ticket in VA with NC license then you need to be aware of the process. At Leavitt & Martin, we have represented thousands of North Carolina drivers with a speeding ticket in Virginia. Here is how the process works:

  1. you get a speeding ticket in Virginia and have a NC license
  2. only a CONVICTION will first get reported to the Virginia dmv
  3. then the Virginia DMV notifies the NC dmv of the conviction
  4. they do not notify NC about the original charge, only the conviction
  5. the consequences then will hit your dmv record and insurance just like you got the ticket in North Carolina

GIVE ME SOME PRACTICAL EXAMPLES OF SPEEDING TICKETS IN VIRGINIA

Imagine you get a speeding ticket in Virginia for driving 74 mph in a 55 mph zone. If you choose to “pay the ticket” then you are pleading guilty. The conviction for speeding, 74 mph in a 55 gets reported to North Carolina. Under North Carolina law, your license will be suspended for a period of at least 30 days. If you have prior offenses, it could be longer. The points also hit your driving record, and then your insurance will increase from there.

Although Virginia does not have prayer for judgment, a skilled Virginia traffic attorney can often get a charge like this reduced. Depending on the court, we can sometimes get the case dismissed. Common outcomes for Leavitt & Martin at that speed with a good driving record are:

  1. reduced to defective equipment which is a non moving violation that has no points
  2. dismissed with driving school
In the case of bad driving records we can often get speeding tickets in Virginia reduced to a speed there would not involve a license suspension.

OTHER NORTH CAROLINA SPEEDING LAWS RELEVANT TO VIRGINIA SPEEDING TICKETS
If you live in North Carolina and got a Virginia speeding ticket, then you need to know special rules North Carolina imposes.

RULE 1: License suspension for 30 days for speeding 15 or more over the limit in a 55 mph zone

RULE 2: License suspension for 30 days driving OVER 80 mph

RULE 3: Increased license suspension for prior tickets

IS YOUR VIRGINIA SPEEDING TICKET JUST SPEEDING, OR IS IT RECKLESS DRIVING BY SPEED?

Many North Carolina clients call me and they begin the conversation by saying they have a speeding ticket in VA. The first question I ask is how fast they said you were going. In Virginia, anything OVER 80 mph is RECKLESS DRIVING BY SPEED. That is not a speeding ticket. A speeding ticket is a traffic infraction in Virginia, and it carries a maximum penalty of a fine of $250.

Driving 81 mph in a 70, however, is a class 1 criminal misdemeanor. The potential range of punishment is: up to a year in jail, up to a 6 month license suspension, and a fine up to $2500. So driving over 80 mph in Virginia is NOT a simple speeding ticket.

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