Ned Michie
​Attorney at law

Representing ​Virginia Clients
For Over 30 Years

Traffic & Motor Vehicle 
Cases

Experience Matters

Personal Attention to Every Case

Free Consultation and Reasonable Rates

Office in Charlottesville, Virginia
​
​​(434) 296-1198

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I've been honored to be chosen by multiple lawyers and law professors for
​legal representation of themselves or their family members on criminal and traffic cases. 
​Let me put my experience to work for you.

Other Common Traffic Offenses

The outcome of all traffic cases
can be greatly affected by:

Whether You Decide to Hire an Attorney
&
20 COMMON ISSUES and DECISIONS 
(follow the link to learn more)

There are a very large number of other potential traffic law violations

Traffic cases are handled very differently by different judges and courts in Virginia.   
    Some judges strictly enforce the laws and don't often give people a break, even if the defendant has an excellent driving record. Other judges will give a defendant a break based on his or her good record, mitigating facts, or the defendant's willingness to take a defensive driving course or perform community service. 

An experienced attorney can help you get the best available outcome and help those who might be nervous going in front of a judge.

Technical legal defenses also may exist, depending on the facts of the individual cases, but generally you need an experienced attorney in order to have a chance with these defenses. 

The penalty for traffic infractions is just a fine.   See Va. Code § 46.2-878.3   
        The judge is NOT going to suspend your driver's license for a simple traffic infraction, but the DMV can and will, if you have too many demerit points on your record.

Points on your license versus automobile insurance ramifications 
     The Virginia DMV has a system of negative points it awards for all moving violations, based on its ranking of the severity of the violation.  The judge is NOT going to suspend your driver's license for a simple speeding ticket, but the DMV can and will, if you have too many demerit points on your record.

   You do also get a good point for every year you drive without a moving violation, and the points generally fall off after two years. The DMV website has more information, and​ you can get a copy of your driving record and point totals.


    The Virginia DMV cannot suspend an out-of-state driver's license but can suspend an out-of-state driver's privilege to drive in Virginia. Also, your home state may find out about a Virginia ticket or suspension and treat you about the same way, depending on your state's laws and regulations.
​
 Your insurance company can also hold motor vehicle convictions against you, depending on the terms of your policy. Note that your insurance company is not bound in any way by the DMV point system (for better or worse). 
​

Below are examples of other traffic infractions:

Texting and Watching Video While Driving

Distracted driving is a serious safety issue. Communicating by cell phone is in fact a distraction.  Virginia does not currently prohibit talking on a handheld phone or dialing phone numbers, but please do it carefully, knowing that the most important thing you need to be doing is driving safely. 

Reading or typing words on your phone while driving a motor vehicle, however, IS illegal in Virginia.

Specifically, Va. Code ​§ 46.2-1078.1 states:

"A. It is unlawful for any person to operate a moving motor vehicle on the highways in the Commonwealth while using any handheld personal communications device to:
1. Manually enter multiple letters or text in the device as a means of communicating with another person; or
2. Read any email or text message transmitted to the device or stored within the device, provided that this prohibition shall not apply to any name or number stored within the device nor to any caller identification information.

B. The provisions of this section shall not apply to:
1. The operator of any emergency vehicle while he is engaged in the performance of his official duties;
2. An operator who is lawfully parked or stopped;
3. The use of factory-installed or aftermarket global positioning systems (GPS) or wireless communications devices used to transmit or receive data as part of a digital dispatch system; or
4. Any person using a handheld personal communications device to report an emergency.

C. A violation of this section is a traffic infraction punishable, for a first offense, by a fine of $125 and, for a second or subsequent offense, by a fine of $250. . . ."
​
Follow statute's link to see full version.

If convicted of reckless driving while texting, the mandatory minimum fine on the reckless charge is $250, in addition to other penalties the judge could impose.  See Va. Code ​§ 46.2-868.

Movies / video  -- Similarly, it is illegal in Virginia for driver to ". . .view any motion picture or similar video display while driving," except for specified exceptions such as viewing a GPS.  See Va. Code § 46.2-1077.  

Use of Left Lane for Travel on Multi-lane Roads

      In 2017, the legislature adopted a law to make it generally illegal to drive slowly in the left lane and to encourage people to use the left lane only for passing other vehicles. The purpose apparently is to make use of the roads as efficient as possible and to help lessen the road rage that can happen when someone in the left lane is slowing down traffic wanting to pass.

     The law as written, however, has a lot of room for argument, and having an attorney gives you the best chance of winning the argument. Specifically, the law, in pertinent part, states as follows:     

Va Code  § 46.2-804. Special regulations applicable on highways laned for traffic; penalty.

     "For the purposes of this section, "traffic lines" includes any temporary traffic control devices used to emulate the lines and markings in subdivisions 6 and 7.   Whenever any roadway has been divided into clearly marked lanes for traffic, drivers of vehicles shall obey the following:

1. Any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions existing, shall be driven in the lane nearest the right edge or right curb of the highway when such lane is available for travel except when overtaking and passing another vehicle or in preparation for a left turn or where right lanes are reserved for slow-moving traffic as permitted in this section;.  .  ."

Traffic Lights and Signals

See the following Va. Code sections:

• § 46.2-830  Uniform traffic control devices on highways; drivers to obey traffic control devices; enforcement of section
• § 46.2-830.1  Failure to obey highway sign where driver sleeping or resting
• § 46.2-831  Unofficial traffic control devices prohibited; penalties
• § 46.2-832  Damaging or removing traffic control devices or street address signs
• § 46.2-833  Traffic lights; penalty
• § 46.2-833.1  Evasion of traffic control devices
• § 46.2-834  Signals by law-enforcement officers, crossing guards, and flaggers
• § 46.2-835  Right turn on steady red light after stopping
• ​§ 46.2-836 Left turn on steady red after stopping

Passing and Turning

​​See the following Va. Code sections:

• Article 4. Passing Read all 
• § 46.2-837 Passing vehicles proceeding in opposite directions
• § 46.2-838 Passing when overtaking a vehicle
• § 46.2-839 Passing bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal, or animal-drawn vehicle
• § 46.2-841 When overtaking vehicle may pass on right
• § 46.2-842 Driver to give way to overtaking vehicle
• § 46.2-842.1 Drivers to give way to certain overtaking vehicles on divided highways
• § 46.2-843 Limitations on overtaking and passing

 

• Article 5. Turning Read all 
• §46.2-845 Limitation on U-turns
• § 46.2-846 Required position and method of turning at intersections; local regulations
• § 46.2-847 Left turns by bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, and mopeds

• § 46.2-841 When overtaking vehicle may pass on right
• § 46.2-842 Driver to give way to overtaking vehicle
• § 46.2-842.1 Drivers to give way to certain overtaking vehicles on divided highways
• § 46.2-843 Limitations on overtaking and passing

Other Traffic Laws

See the following Va. Code sections:

• § 46.2-810.1 Smoking in vehicle with a minor present; civil penalty
• § 46.2-811 Coasting prohibited
• § 46.2-812 Driving more than thirteen hours in twenty-four prohibited
• § 46.2-813 Occupation of trailer being towed on highways
• § 46.2-814 Driving through safety zone prohibited
• § 46.2-815 Hauling certain cargoes through tunnels in violation of posted signs; penalty
• § 46.2-816 Following too closely
• § 46.2-818 Stopping vehicle of another; blocking access to premises; damaging or threatening commercial vehicle or operator thereof; penalties
• § 46.2-818.1 Opening and closing motor vehicle doors; penalty