The Differences Between a Traffic Violation and a Criminal Offense in Virginia

Understanding the legal system in Virginia can feel overwhelming, especially when it comes to motor vehicle offenses. Many people assume a traffic ticket is just a minor inconvenience—but not all traffic-related incidents are created equal. Some traffic infractions are simple violations, while others can lead to a permanent criminal record.

Knowing the difference between a traffic violation vs. criminal offense in Virginia is essential for protecting your license, your finances, and your future. This guide breaks down the key differences, outlines how the law treats each, and helps you understand when a traffic stop could lead to something far more serious.

Understanding the Basics of Virginia’s Legal Categories

Virginia law separates offenses into distinct categories: infractions, misdemeanors, and felonies. These classifications determine how an offense is handled, what penalties are involved, and what long-term effects may follow.

A traffic violation is typically treated as an infraction, meaning it’s not considered a crime. These include things like speeding or running a red light. In contrast, criminal offenses include misdemeanors and felonies and carry more serious penalties like jail time or a permanent criminal record. Understanding the distinction between the two is crucial when you’re pulled over or cited.

What Constitutes a Traffic Violation in Virginia?

In most cases, a traffic violation is considered a non-criminal offense. These are handled by the Virginia Department of Motor Vehicles (DMV) and the General District Court.

Common Types of Traffic Violations

Some of the most frequent types of traffic violations in Virginia include speeding, failure to obey traffic signals, improper lane changes, following too closely, and not yielding the right of way. These civil infractions are typically punishable by fines and may result in DMV demerit points but do not result in a criminal record.

Infractions are handled through traffic court, and you generally don’t need to appear unless you plan to contest the ticket. However, accumulating too many violations over time can lead to license suspension or increased insurance premiums.

Penalties for Traffic Violations

Even though traffic violations are not considered criminal offenses, they carry real consequences. Fines can range from $30 to several hundred dollars, depending on the nature of the offense. Court costs are often added on top of the fine, and most violations result in demerit points on your driving record.

If you receive too many points in a short period, the DMV can suspend your license. Insurance companies also use your driving record to determine your rates, so even minor violations can cost you over time. For some drivers, completing a state-approved driving improvement clinic can reduce penalties and points.

What Constitutes a Criminal Offense in Virginia?

When traffic behavior rises to a certain level of danger or recklessness, it may be classified as a criminal offense under Virginia law.

Misdemeanors vs. Felonies

A Virginia criminal offense involving a vehicle can fall under two major categories: misdemeanors and felonies. Misdemeanors include reckless driving, DUI/DWI, driving on a suspended license, and certain hit-and-run charges. These are punishable by up to 12 months in jail and fines up to $2,500.

Felony traffic offenses, which include vehicular manslaughter or third-offense DUI, carry even harsher penalties—potentially multiple years in prison and a permanent criminal record. The classification depends on the severity of the offense, any prior convictions, and whether injuries or property damage occurred.

Consequences of a Virginia Criminal Offense

Being convicted of a criminal offense can have long-lasting effects on your life. In addition to possible jail time, fines, and probation, you’ll also face a permanent criminal record. This can limit job opportunities, affect security clearance, and impact future legal matters.

A conviction may also result in driver’s license suspension or revocation and mandatory enrollment in driving improvement or substance abuse programs. Unlike traffic violations, criminal offenses are not something you can simply pay off and forget.

Traffic Offense or Criminal Charge? Borderline Cases Explained

Some traffic offenses can blur the line between traffic violation and criminal offense. It’s in these gray areas where many Virginians find themselves facing unexpected charges.

When a Traffic Violation Becomes a Criminal Offense

Speeding is typically a traffic violation—but in Virginia, going 20 mph over the limit or driving over 85 mph is considered reckless driving, which is a Class 1 misdemeanor.

Similarly, driving with a suspended license may seem minor, but it’s actually a criminal offense. Failing to appear in court for a traffic ticket can also lead to license suspension, and if you’re caught driving afterward, you could be facing jail time.

DUI (driving under the influence) or DWI (driving while intoxicated) are some of the most serious driving-related criminal charges. A first offense is typically a misdemeanor, but subsequent offenses or aggravating factors—like an accident causing injury—can elevate it to a felony.

How Prosecutors Decide What to Charge

Prosecutors in Virginia have discretion when it comes to traffic law, deciding whether to pursue a case as a traffic infraction or a criminal charge. Factors like the driver’s prior record, the presence of alcohol or drugs, whether property was damaged, and if anyone was hurt can influence how the case is handled.

What begins as a traffic stop can quickly become a criminal matter based on the circumstances surrounding it and the officer’s findings. That’s why it’s important to take every traffic encounter seriously and know your rights.

How These Charges Are Handled in Court

Traffic violations and criminal offenses follow very different legal paths in Virginia courts.

Traffic Court for Infractions

If you receive a traffic ticket for an infraction, you’ll likely appear in General District Court if you choose to contest the charge. These hearings are typically informal, and you may not need legal representation. However, a defense attorney can help reduce fines, negotiate alternatives, or even get charges dismissed.

Criminal Court for Misdemeanors and Felonies

Criminal charges are handled more formally, with higher stakes. You must appear in court, and you have the right to legal representation. Depending on the severity of the offense, you may be entitled to a jury trial. A criminal defense attorney plays a crucial role in negotiating with prosecutors, gathering evidence, and protecting your rights throughout the legal process.

If you’re facing a criminal charge, it’s essential to work with an attorney experienced in defending against both traffic-related and general criminal offenses in Virginia.

Long-Term Impact: Traffic Violation vs. Criminal Offense

While both traffic violations and criminal offenses can affect your life, only one creates a permanent criminal record with potentially lifelong consequences.

Record Expungement and Visibility

Traffic violations typically appear only on your DMV record and may fall off after a few years. Criminal offenses, on the other hand, are part of your permanent criminal record. In Virginia, expungement is only available under limited circumstances, such as if the charge was dropped or you were found not guilty.

A misdemeanor or felony conviction can be accessed by employers, landlords, schools, and others conducting background checks. That’s why fighting even a seemingly minor charge is so important.

Insurance, Employment, and Personal Consequences

Traffic violations may lead to higher insurance premiums, but a criminal conviction can result in job loss or disqualification from certain professions. Many employers view a criminal driving offense—especially DUI or reckless driving—as a sign of irresponsibility or risk.

These offenses can also affect your ability to get or maintain a professional license or security clearance. For college students, a criminal charge can impact financial aid and school standing.

Protecting Your Rights and Driving Record in Virginia

Whether you’re facing a traffic citation or a more serious criminal offense, taking action quickly is key to minimizing the impact.

When to Consult a Criminal Defense Attorney

You should consult an attorney any time you’re charged with a misdemeanor or felony, or even when you’re unsure how serious your traffic ticket might be. Borderline cases—like reckless driving or suspended license charges—require legal expertise to properly defend.

An experienced attorney can often negotiate reduced charges, avoid jail time, and protect your record from long-term harm.

Taking Action After a Citation or Arrest

If you’ve received a citation or been arrested, don’t wait. Document everything about the incident, including the time, location, and the police officer involved. Save any paperwork and contact a defense attorney as soon as possible. Quick action can make a major difference in your outcome.

Traffic Violation or Criminal Offense? BernsteinHough, P.C. Has You Covered

The line between a traffic violation vs. criminal offense in Virginia can be thin—but the consequences are vastly different. Understanding your rights, knowing what charges mean, and acting quickly are the best ways to protect your future.

At BernsteinHough, our experienced Richmond, Virginia DUI/DWI lawyers provide strategic and effective legal defense for clients throughout Central Virginia. Whether you’re dealing with a speeding ticket, a reckless driving charge, or a more serious Virginia criminal offense, we’re here to fight for your rights and your record.

Don’t take chances with your future—contact BernsteinHough, P.C. today for a consultation and let us help you defend what matters most.