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Beware of Arlington County’s Traffic Code: Traffic tickets that can land you in jail.

In Arlington County Virginia, the County police officers who write your traffic tickets have a choice. They can either charge you with violating the state traffic laws or they can charge you with violating the Arlington County traffic laws.

Many times County codes and State laws are more-or-less the same thing so the difference are insignificant. But not in Arlington. Many of the traffic tickets that are minor fines in other Counties are in fact jailable criminal offenses in Arlington. If you get a traffic ticket in Arlington Virginia, BEWARE.

You can determine which code section you are charged with by looking at the first three numbers of the code section on your summons. On the ticket you signed and received from the officer there is a space for the officer to write a description of the offense and the Code section.

If you are charge with violating the Virginia state traffic law the state code section will begin with the number “46.2″. For example: Failure to Obey a Highway Sign under the Virginia state code is Va. Code section 46.2-830. The officer may just write “46.2-830″. General speeding on highways is 46.2-870 under the Va State code as well.

Under the Arlington County code the traffic laws begin with the number “14.2″. Speeding under the Arlington County Code is Arlington Code section “14.2-12″. Failure to Keep Vehicle Under Control in Arlington is 14.2-17. Failure to Give Full Time and Attention to Driving in Arlington is 14.2-16.

These three offense: 1) Speeding, 2) Failure to Keep Vehicle Under Control, and 3) Failure to Give Full Time and Attention are the big three booby-traps that exist in the Arlington County Traffic Code. Unlike Almost every other law and code in Virginia, these offenses can result in either jail or a license suspension.

14.2-12 Speeding

The punishments for speeding in Arlington are dictated by 14.2-12 and 14.2-13. 14.2-13 says that anytime a driver goes more than 5 mphs over the speed limit on a road that is 45 mph or faster, then the county judge or jury SHALL suspend their license for 60 days. This is a mandatory 60 day license suspension for anyone who is convicted of speeding more than 5 mph in Arlington County. This law only applies if the road’s speed limit was 45mph or more and if the officer charged you with speeding under the Arlington County Code. If your speeding ticket begins with 14.2, you should consult a local traffic attorney immediately.

14.2-17 & 14.2-16 Failure to Keep Vehicle Under Control AND Failure to Pay Full Time and Attention.

These offenses are minor traffic tickets in most other counties but a Criminal Offense in Arlington County. The punishment for violating this statute includes up to 10 days in jail. Because this statute allows a judge to put you in jail it is by definition a criminal misdemeanor in Virgina and if convicted you will be a convicted criminal. if you are charged with one of these offenses and the code section begins with 14.2, get a local traffic attorney immediately conviction could affect security clearance and job applications as well as landing you in the county jail.

Luke Nichols

Law Firm of Nichols & Green

(703) 383-9222

lnichols@nicholsgreen.com

www.nicholsgreen.com

 

About Luke Nichols

Luke Nichols practices almost exclusively traffic law in Northern Virginia. His primary practice areas include reckless driving, speeding, DUI/DWI, refusal, hit-and-run, driving on a suspended license, and driving on a revoked license. Mr. Nichols has represented hundreds of Virginia drivers. You can also connect with Luke on Google+
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