1.1 Overview

• Library: Defense of Serious Traffic Cases in Virginia (Virginia CLE) (2020 Ed.)

1.1 OVERVIEW

1.101 Types of Offenses. Virginia law on the operation of motor vehicles specifies three basic levels of misconduct—infraction, misdemeanor, or felony—that are subject to court and administrative sanctions. A traffic infraction is any violation of the provisions of title 46.2 of the Virginia Code that is not a felony or misdemeanor. ¹ Following too closely, ² for example, is a traffic infraction (provided that it does not amount to aggressive driving). ³ A violation of a provision of title 46.2 is a traffic infraction, unless the section that is violated states otherwise, and is punishable in the same manner as a Class 4 misdemeanor. ⁴ This book is primarily concerned with misdemeanor and felony violations.

1.102 Uniform Demerit Point System. Section 46.2-492 of the Virginia Code provides for a uniform demerit point system for drivers convicted of various traffic offenses. Point values are assigned depending on the severity of the offense and the potential harm to others. Section 46.2-492(D) contains a nonexhaustive list of "serious" offenses, the violation of which will result in the assessment of six demerit points. ⁵ A driver convicted of more than one such offense on a single occasion is only assessed points for the offense that carries the highest point value. ⁶

Section 46.2-341.20 provides separately for drivers who commit serious offenses while operating under a commercial license and lists these offenses. In addition to other punishments imposed by law, the commercial driver can be disqualified from holding a commercial license for a serious

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traffic violation, and this period of disqualification runs consecutively with any other periods of loss of license due to an excess number of demerit points.

1.103 Jurisdiction. The general district courts have exclusive...