Do You Need a Lawyer?

Most Virginia traffic charges are infractions. An infraction carries no jail, and § 19.2-157 of the Code of Virginia requires a court to advise a defendant of the right to counsel only where the charge is punishable by confinement — so on a plain speeding ticket there is no appointed lawyer to ask for, whatever the reader's means. A ticket on the Supreme Court of Virginia's uniform fine schedule can be prepaid by mail under § 16.1-69.40:1 without anyone appearing at all, which is the honest answer for a large share of the people searching for a traffic lawyer.

The line moves when the charge is a misdemeanor. Reckless driving under § 46.2-862 or § 46.2-852 is a Class 1 misdemeanor, punishable by up to twelve months in jail under § 18.2-11, and driving on a suspended licence and DUI are misdemeanors too. There the right to counsel attaches, § 19.2-159's indigency test decides whether the court appoints one, and § 16.1-69.40:1 expressly bars prepaying — somebody has to stand in front of the judge. Most drivers do not know which side of that line their own summons falls on.

These pages work through that question, and through how to check a lawyer's licence and public discipline record for yourself in the Virginia State Bar's own directory. No page here names a lawyer or a firm, ranks anyone, or suggests who to call.