In Virginia, drivers are faced with complex issues when facing certain traffic violations. It is possible to avoid the penalties of these offenses based on the chosen defense. The attorney must find the most effective option based on the circumstances of each case. The following are common questions linked to traffic violations answered by a traffic lawyer in Madison, VA.
Is a Driver Who Is Charged with DUI Accountable for an Accident?
In most instances, yes, they are accountable. However, the driver had to cause the entire accident itself or cause at least one part of it. Just because they were guilty of a DUI doesn’t mean that all DUIs lead to a fault in an accident. The officers must determine that this driver was a contributing factor to incur charges for the accidents, too.
What Affects the Cost of a Speeding Ticket?
The mileage over the designated limit is the first factor. Each five miles over the speed limit incurs a different penalty. The officer must identify the exact speed at which the car was traveling when the officer caught them speeding. Additionally, the driver incurs more charges if they or their passengers aren’t wearing a seatbelt. Higher penalties apply if a child under the age of six wasn’t in a car seat or seatbelt.
Can a Traffic Violation Change the Outcome of a Lawsuit?
Yes, under comparative fault rulings, the victim can be used to discredit an injury case. The judge applies a percentage in these cases and reduces the monetary award for the victim. Any percentage over 50% can deny the victim a monetary award altogether. If any violation is considered excessively dangerous, the victim’s lawsuit is dismissed quickly. The same is true if the court determines that the victim was the driver who actually caused the accident.
In Virginia, drivers must follow traffic laws to avoid penalties and fines. However, some circumstances could present just cause for violating these laws. A driver who is charged with a moving violation may have access to defenses and additional options to dismiss the charges. Drivers who need a traffic lawyer in Madison, VA should click here for more details.