Traffic Violations in West Virginia

The result of disobeying the traffic laws that guide road safety and usage is often a traffic accident. Any road user, driver, or motorist that fails to abide by traffic rules also commits a crime known as a traffic violation or offense. West Virginia attaches punishments to these behaviors to deter future occurrences. In most cases, records of these offenses are included in the offender’s West Virginia traffic records.

Some of the prohibited traffic conducts that can make a person liable for breaking traffic laws in West Virginia are following a vehicle too closely and joyriding. The most common traffic violation in West Virginia, as well as other states, is speeding. For this offense, the state issues a ticket. A traffic ticket may also result from taking a dangerous turn, using a cell phone while driving, or being distracted by other activities while behind the wheel.

In order to combat these bad driving behaviors, many states have a basic speed limit that helps motorists determine what is considered safe in different circumstances. §17C-6-1 of the West Virginia Code mandates every person that drives on a highway to use a prudent and reasonable speed, given the circumstances. The essence is to avoid a collision with another vehicle or person. So, every motorist in the state must exercise due care.

While driving in a school zone, motorists are mandated to drive fifteen miles per hour, especially during recess, and twenty-five miles per hour in a residential or business district. For open country highways, the speed limit is fifty-five miles per hour. Any driver caught committing an offense of this nature is guilty of a misdemeanor that attracts a fine of about $100. Usually, signs on the roads show the absolute speed limit for that portion of the road.

Driving too slowly can impede traffic, and it usually occurs when a motorist is outside the right lane and does not make a left turn or pass another slow-moving vehicle. A law enforcement officer may issue a ticket to such a motorist. Traffic tickets may be mailed to offending motorists, often the case for violations like running a red light and wrong parking. In the event of a serious traffic violation in West Virginia, law enforcement will take the offending driver into custody.

So, it is important to learn the basic traffic violations in West Virginia to guide drivers in avoiding them. Getting a citation for a traffic violation can lead to serious consequences for drivers, such as getting driver record points and, in some circumstances, jail time.

Types of Traffic Violations in West Virginia

Generally, a moving violation in West Virginia is a traffic violation committed by a moving vehicle. If a driver gets a ticket for a moving violation, it means that an officer believes the person broke a traffic law while driving. State codes cover moving violations, and the definition of moving violations may differ from jurisdiction to jurisdiction. While some are regarded as misdemeanors, others may result in a felony. Some common moving violations in West Virginia are running a stoplight, refusing to give right of way, and refusing to stop for a pedestrian to cross.

A non-moving violation, on the other hand, is a traffic violation that breaks the law but is not tied to a vehicle in motion. Rather, it concerns a stationary vehicle that is not in motion. It may be related to parking, having faulty equipment like a broken taillight, or parking close to a fire hydrant. Other examples are parking a vehicle in a no-parking zone, very close to a curb, or before an expired meter. These usually attract smaller fines than moving violations with lesser consequences.

The West Virginia Division of Motor Vehicles (DMV) uses a point system to promote highway safety on state roads. It also assists the agency in monitoring and correcting the bad driving habits of motorists in the state. The DMV issues these points depending on the seriousness of the offense. Any driver that gets at least six points on their license will get a warning letter from the division.

The purpose of the letter aims to encourage the driver to exercise more caution and abide by the relevant traffic laws. Continued disobedience will then result in a license suspension. The point values attached to traffic offenses are provided on the Point System Brochure made available by the DMV. These include:

Fleeing an officer of the law (eight points)
Driving above the speed limit in a school zone (six points)
Careless or reckless driving (six points)
Failing to reveal ID or fleeing the scene of an accident (six points)
Driving twenty miles per hour or more above the speed limit (six points)
Driving fifteen to nineteen miles per hour above the speed limit (five points)
Speeding eleven to fourteen miles per hour above the speed limit (three points)
Refusing to yield (three points)
Refusing to obey a traffic light (three points)
Failing to obey a stop sign (three points)
Driving on a one-way street or following a wrong way ( three points)
Littering the road (three points)
Refusing to obey a safety zone (three points)
Disobeying a police officer’s instruction (three points)
Having over three passengers in front (two points)
No signal or an improper signal ( two points)
Any other moving violation not included in the published list (two points)

When a West Virginia motorist accumulates twelve to thirteen points, the driver will get a 30-day suspension. For fourteen to fifteen points, 45 days suspension; sixteen to seventeen points, 60 days suspension, and eighteen to nineteen points, 90 days suspension. Having twenty or more points will lead to a suspended license until the accumulated points reduce to eleven or lower.

West Virginia Traffic Violation Code

Chapter 17C of the West Virginia Code, otherwise called “Traffic Regulations and Laws of the Road,” is the applicable traffic regulation code in the state. It spells out the specific actions that can be categorized as traffic violations, traffic signs, markings, and offenses for breaking any of the traffic laws. The state’s Division of Motor Vehicles also makes a driver’s licensing handbook available for interested persons to read and understand the basic traffic rules in the state.

West Virginia Felony Traffic Violations

Felony offenses in West Virginia are serious crimes that result in incarceration in the state prisons for at least a year, and it also attracts a fine. So, a felony traffic violation in the state results in a long prison sentence upon conviction. As felonies are the most serious traffic offenses, these offenses typically come with more severe penalties.

§17C-5-2 of the West Virginia Code covers a category called “serious traffic offenses”. A motorist in West Virginia is guilty of a felony for committing the following offenses:

Causing the death of a person due to impaired driving
Causing bodily injury to a person as a result of impaired driving

In West Virginia, driving in an impaired state means driving under the influence of alcohol, any controlled substance, or both. It also includes a driver having an alcohol concentration of eight hundredths of one percent or more by weight. Any accident that results in physical pain, impairment, disfigurement, etc., while a driver is in this state, is a felony traffic violation.

West Virginia Traffic Misdemeanors

Misdemeanor offenses in West Virginia are crimes that carry not more than a year in jail or a fine. Unlike felonies, an offender does not have to be incarcerated in state prison. Driving a motor in an impaired state and leading to bodily injury to another person is a misdemeanor. A convicted person faces a jail sentence of twenty-four hours and a year.

Driving with a blood alcohol concentration of fifteen-hundredths of one percent or more, by weight, amounts to a misdemeanor. If a habitual user of narcotics, amphetamine, or its derivatives, drives in an impaired state, such a driver also commits a misdemeanor. A motorist that knowingly allows an impaired person to drive their vehicle is guilty of a misdemeanor traffic violation. Reckless driving also amounts to a misdemeanor traffic violation in West Virginia.

West Virginia Traffic Infractions

Traffic infractions in West Virginia are regarded as traffic tickets, and these offenses are not as serious as felonies or misdemeanors. Penalties for these offenses are demerit points on the person’s driving record and fines. Traffic tickets in West Virginia allow the motorist three basic routes: an admission of guilt, pleading not guilty or refusing to contest the ticket.

Traffic infractions are minor offenses that can be handled without going to court, while more serious offenses will result in a court appearance. The demerit points that come with these offenses will remain on the DMV records for two years. If there is a resulting conviction for the traffic infraction, the conviction can stay on record for more than three years, depending on the nature of the offense.

Some common traffic infractions in West Virginia are speeding, driving with a broken tail light or headlight, making an illegal U-turn, driving too close to a vehicle. Others are refusing to stop at a red light, improper passing, refusing to yield, etc.

West Virginia Traffic Violation Codes and Fines

Road users and motorists in West Virginia can get a citation for various traffic violations. These traffic offenses or violations have fines attached, and the amount payable depends on the type of offense it is. Some of the traffic violation codes and fines in West Virginia are:

§17C-5-2(b) provides for impaired driving that leads to death, setting the fine at $1000 to $3000.
§17C-5-2(c) places the fine for impaired driving that leads to serious bodily injury at $1000 to $3000.
§17C-5-2(d) sets the fine for misdemeanor driving while impaired, which results in injury between $200 to $1000.
For §17C-5-2(e), a fine of between $100 to $500 is fixed for driving with a blood alcohol concentration above the limit provided in the section.
Distracted driving, such as where a motorist is distracted by a cell phone, or any other electronic communication device, attracts a $100 to $300 fine, depending on whether it is a first, second, or third violation.
The fine for running a stoplight or sign is between $100 to $500
Speeding tickets cost between $100 to 500 in fines, depending on where the violation occurred.

How to Pay a Traffic Violation Ticket in West Virginia

Paying a traffic ticket in West Virginia is an admission of guilt, and the motorist waives the right to challenge the ticket in court. A motorist may choose to pay the traffic citation if there is not enough evidence to challenge it in court. However, it will result in negative points on their driving record.

Also, the West Virginia DMV may suspend the person’s driver’s license, resulting in an increased car insurance rate. State courts allow for various ways of paying fines, such as online, mail, or telephone.

The affected person needs to pay the fine in full by the date on the citation or call the court to explain an inability to pay. It can result in a payment plan created with the court, typically involving a court appearance.

The procedure for paying for a traffic violation ticket in West Virginia depends on the county where the person was cited and the court handling the case. In Charleston, motorists may make parking ticket payments at the City Collector’s Office located at 915 Quarrier Street, Suite 4, between 8 am to 5 pm on Mondays to Fridays. The cited driver may also leave the payment at any designated City Courtesy Boxes.

Payments by check must be made payable to the “Charleston Parking System”. The county also provides a payment portal that accepts online payments for traffic tickets. Overall, it is advisable to use point reduction avenues to reduce the damage a traffic ticket can cause to a person’s finances and driving records. One of these avenues is taking a state-approved Defensive Driving Course which can take off up to three points from the person’s driving record upon completion.

Drivers may take the course only once every two years. Apart from lower demerit points, it can also improve a driver’s skills and lower insurance premiums, depending on the insurance company. Interested persons may visit the DMV website for detailed information on state driving laws and defensive driving courses.

Traffic Violation Lookup in West Virginia

An individual may find traffic violations in West Virginia by requesting a copy of their driving record via the DMV online services. The affected motorist may make the request in person or at a DMV branch office. Also, the motorist may make a mail request by providing the following:

A Driving Record Request form or DMV-101-PS1
A state-issued identification or a driver’s license copy
$7.50 processing fee for motorists that provide a name and license number
There is an $8.50 processing fee for motorists who do not have a license number. However, motorists in this category must provide a date of birth or social security number.

How to Plead not Guilty to a Traffic Violation in West Virginia

Any driver who gets a West Virginia traffic ticket and believes it to be unjust or cannot pay the fine may prefer to beat the charge. Again, the procedure for challenging a traffic citation depends on the court handling the matter. Overall, the motorist is first expected to notify the court of the decision to plead “not guilty” to the traffic violation.

A plea of this nature may be made in person before a magistrate in the county where the charge was made, and it may also be sent by mail to the court. However, the plea of “not guilty” must be entered before the date displayed on the citation.

Refusal to respond to the citation in due time places the driver at risk of incurring severe penalties. The driver must present credible evidence at the trial that will sway the court. Getting an experienced lawyer is important because only motorists with a successful defense will avoid the consequences of the traffic violation.

What Happens if You Plead No Contest a Traffic Violation in West Virginia

A “no contest” or nolo contendere in West Virginia is similar to a guilty plea but with small differences. By making a no-contest plea, a motorist does not agree with the charge but accepts the punishment that comes with it. The difference between this and a guilty plea is that there is an admission of guilt in one and none in the other.

The best time to use a no contest plea is when damage is associated with the charge - for instance, an accident. Upon a successful plea, it becomes impossible to use the traffic violation in any proceeding that may result from the action.

For example, it is common for civil action to arise against a motorist who committed a traffic violation. It usually comes after the criminal action has been dealt with. However, a no-contest plea ensures that the facts cannot be used against the motorist again.

Before accepting the plea, the presiding magistrate will inform the motorist of the charge and penalties that the court may impose. The magistrate will also inform the motorist of an existing right to legal representation and demand a jury trial, and that taking this plea will close those avenues.

How Long Do Traffic Violations Stay on Your Record?

Traffic violation points issued by the Division of Motor Vehicles stay on a person’s driver’s record for two years from the date of conviction for a specific offense. West Virginia driver’s license suspensions run consecutively, meaning that a driver already under suspension can get another license suspension. The new suspension counts from the date the first suspension ends. If the driver has more than twenty points, the suspensions will run concurrently.

Can Traffic Violations Be Expunged/Sealed in West Virginia?

Generally, a West Virginia criminal record is eligible for expungement if all the charges are dropped or if the person was not found guilty. However, West Virginia does not allow for the expungement of violation records for the offense of driving under the influence of alcohol or a controlled substance.

The state may also deny an expungement where the person has a felony conviction on record; the charges were dismissed in exchange for an admission of guilt in another crime. An expungement may also be refused where the defendant was found not guilty due to mental illness, handicap, and addiction. §61-11-26 of the West Virginia Code further provides a list of offenses eligible for expungement and those that aren’t.

What Happens if You Miss a Court Date for a Traffic Violation in West Virginia?

The West Virginia Magistrate Court Rules of Criminal Procedure provide what happens when a person misses a court date for a traffic violation. First, the law regards such acts as a failure to appear. Then, the magistrate court clerk has the duty of informing the prosecuting attorney that the defendant failed to appear.

Also, the clerk is expected to make a report to the Division of Motor Vehicles, except where it is a parking violation or any other violation that may be issued to an unattended vehicle. The report must appear in the form designated by Rule 5.3 and 22 of the Magistrate Court Criminal procedure Rules and must be sent out within fifteen days from the scheduled date to appear.

After receiving a motion from the prosecuting attorney, the magistrate may issue a warrant for the arrest of a defendant who failed to appear for no just cause. The consequence of a failure to appear is that the defendant is regarded as being in contempt of court. Law enforcement officers may then arrest the person at any time. Once the person is in custody, they will have to wait until a convenient date for the magistrate to hear the matter.

The magistrate may further impose fines if the defendant cannot provide a good reason for missing court. Any motorist with a court date for a traffic violation is advised to inform the court ahead of the date if they cannot make it. Otherwise, such a defendant will have to prepare a good defense to convince the court that the act was unintentional.