Should I hire an attorney for a simple traffic ticket?
Yes! There are three big reasons that you should hire an attorney and NOT prepay a traffic ticket: your insurance premium, demerit points, and your job. Remember that if you prepay that traffic ticket, the consequences will be the same as if you went to trial and the judge found you guilty.
1. Your auto insurance premium will increase for as many years as the traffic conviction stays on your record.
The number one thing you can do to keep your insurance costs down is to keep a clean driving history. Before your auto insurer sends you the bill, they will check your state DMV record (as well as that of anyone else on your policy, like your spouse and your teenage kids). Almost every single moving violation will – if you’re convicted (including if you prepay it) – cause your insurance premium to go up. Your driving history only shows convictions. It does not show charges.
Most insurers have their own formula for calculating how much a traffic ticket will cause your rates to increase. Maybe your insurer sent you this information with your policy paperwork. If not, call your insurance agent and ask “What would happen to someone’s rate for a (insert type of traffic charge here)…?” Some states, like North Carolina, conveniently publish a chart of how much your insurance rate will increase.
Whatever the insurance hike is, you’re probably stuck with it as long as the conviction remains on your driving history. For example, if you’re licensed in Virginia, a simple speeding ticket conviction hangs around for 5 years.
If an insurance premium increase is your biggest concern, whether to hire an attorney often comes down to a math equation.
EXAMPLE: Your teenage son has been charged with speeding 65 mph in a 45 mph zone. He’s on your insurance. You pay $2000 per year for auto coverage. After checking with your insurer, you learn your rates would go up 40% for a conviction. Since the conviction would stay on his record for 5 years, here’s what the math looks like if you prepay your traffic ticket:
Short-term cost = $195 (fine $120 + court costs $75)
Long-term cost = $4000 ($2000/year x .40 x 5 years on DMV record)
TOTAL COST of prepaying the ticket: $4195
Even though the short-term costs of prepaying a traffic ticket may seem better than hiring an attorney, resist the temptation . . . you’ll pay for it in the long run!
I can often get your traffic ticket dismissed or amended to something that is NOT a moving violation. This means that the ticket won’t cause your car insurance premium to skyrocket.
2. The DMV will suspend your license if you get too many demerit points too fast.
While your state’s DMV usually won’t take your license over a single traffic conviction, it can take it if you get multiple tickets within a short period of time. For example, in Virginia, you will lose your license if you get 18 demerit points in 12 months, or 24 points in 24 months.
Every state’s DMV has a chart of demerit points assessed for different types of traffic infractions. Here are links to information about Virginia and nearby states (click state for link):
Even if your driving record is not the best, I may be able to get the matter resolved so you can keep your license.
3. Your job may be on the line for a traffic conviction.
If you drive for a living, maybe as a tractor trailer or bus driver, a traffic conviction can turn out to be a very big deal.
You can lose your commercial driver’s license (CDL) after two “serious traffic violations” within three years. Some traffic tickets are considered “serious” (for CDL purposes) even if you can prepay them! For example, speeding 15 mph over the limit, improper lane change, and following too closely (i.e., rear-ending another car) all count as “serious”. See Table 2 here. And the fact that you got the ticket while driving your personal vehicle is not a defense - you can still lose your CDL.
Even if you don’t have a CDL, you could be fired or disqualified from future employment over a traffic conviction. For example, you can’t drive for Uber if you are convicted of speeding 20 mph or faster over the limit or you have four or more violations in the last three years.
I have helped many people whose job was threatened by a traffic charge.
THE TAKE-AWAY
It is worth talking to an attorney even if your traffic ticket looks minor and the fine seems low. Prepaying a simple ticket will cause your insurance to go up for years and give you demerit points on your driving record. And it could jeopardize your job if you drive for a living.
You need someone who knows the jurisdiction and the judge well. I regularly appear in Botetourt County, Montgomery County, Roanoke County, Salem City, Roanoke City, Craig County, Floyd County, and Franklin County. And I’m very familiar with other jurisdictions too.
In addition, I can usually go to court for you, whether you are from Virginia or out-of-state. Give me a call for a free consultation.
---
When you or someone you know is facing a traffic ticket, please call or text me at 703-772-7948. I will listen to your concerns with respect, walk you through what is likely to happen, and explain your legal options.
This blog is for general informational purposes only. The disposition of traffic tickets in Virginia varies widely by jurisdiction.