Traffic Law in Charleston, WV

Traffic law refers to the creation, implementation, and enforcement of Charleston, West Virginia traffic codes. Traffic violations can vary in severity, ranging from minor speeding tickets to serious DUI charges. These violations lead to consequences, which can include fines, license suspension, license revocation, and even jail time.

In many states, when people fail to disprove traffic offenses, authorities may assess points and add them to a person’s driver’s license. These points can increase your car insurance premium for several years. If you accumulate too many points, it can even lead to a license suspension.

Driving with a blood alcohol concentration beyond .04%, or refusing to submit to a breathalyzer test will result in the suspension of your license in Charleston. Your license will also be suspended if you flee the scene of an accident, or use your vehicle in the commission of a felony. However, ACLU West Virginia reports that a recent law has gone into effect that bars the state from suspending your license over unpaid tickets or fines.

If you are currently facing traffic violation accusations in Charleston, West Virginia it’s important to seek legal counsel as soon as possible. It’s a common pitfall to believe you can represent yourself in court. However, an experienced Charleston, WV traffic law attorney increases the chances of proving your innocence. You also improve your odds of reducing sentences and getting rid of points.

Legal Strategies to Fight Charleston, West Virginia Traffic Tickets

Many people don’t realize that fighting a traffic ticket and winning is a common occurrence. You might think paying court and legal fees to fight a ticket just isn’t worth it. On the other hand, keeping costly points off your license can save you more money in the long run. If you hire a qualified Charleston attorney to fight your traffic ticket, oftentimes the police officer won’t even show up to court and you’ll win. In these instances, you no longer have to pay the ticket and the points get removed from your license.

The Charleston Municipal Court hears most of the traffic-related cases for Charleston. If you wish to challenge the ticket or fine, this is where you must first appear.

If the officer does show up at court, an experienced traffic lawyer can make a solid case in your defense. Here are common legal strategies that your lawyer may employ to help you fight a traffic ticket.

Challenge the Officer’s Conclusion in Traffic Law Court

If any Charleston, WV officer made a judgment on whether you broke the law, your attorney may argue the conclusion they came to was not the right one. For example, an officer might say that you made an unlawful turn, but in actuality, they couldn’t see whether it was unlawful or unsafe.

Challenge the Officer’s Observations in Traffic Law Court

You can challenge an officer’s observation in cases where it’s your word against theirs. To achieve this, your Charleston traffic law attorney will need to cast enough doubt on the officer. This can prove difficult for a driver to tackle alone because judges tend to agree with officers quite often. However, if you can bring forward evidence that proves you are in the right, then you just might win the case. Here are some examples of evidence that might prove useful:

  • Photographs of the scene of the traffic violation
  • Witnesses, such as passengers or bystanders
  • A diagram showing where your car was, and where the officer’s car was in relation to the traffic violation
  • Showing that the point of view from where the officer was made it impossible for them to see what actually happened

Prove Your Conduct Was Legally Justified

If you commit an unlawful driving violation in Charleston, WV you can argue that it happened due to the circumstances. In fact, there are countless examples of this. The main goal is to prove to the judge that even though your actions may have constituted a violation, you had good reason to do so. Here are a few of these examples:

  • Driving too slowly because you are about to make a left turn
  • Swerving your car in a panic after a bump in the road caused hot coffee to spill from the cup in the cupholder
  • Driving above the speed limit to get to the hospital because of a sudden medical emergency

Prove Your Conduct Was Necessary to Avoid Harm

Sometimes, you have to violate Charleston traffic law because you were preventing injury to yourself or others. This would be a viable defense to fight a traffic law ticket. You may believe your conduct is justifiable because you were avoiding harm. Ensure that you can clearly and accurately explain the situation in court. Here are some situations in traffic law where unlawful conduct is necessary to avoid harm:

  • Speeding up well past the limit to avoid an out-of-control car
  • Speeding up to avoid being rear-ended by an aggressive driver
  • Slamming the brakes on a main road to avoid colliding with an animal that was crossing the street
  • Swerving your car into the neighboring lane to avoid another car that swerved into your lane

Prove Your Conduct Was a “Mistake of Fact”

If your unlawful traffic violation happens due to a “mistake of fact” this means you simply made an honest and understandable error. When using this angle to defend your traffic ticket, try to have photo evidence of the issue in question for your hearing. The judge can use their discretion to determine if your error was a mistake of fact and can either enforce or drop the traffic ticket. Here are some examples where this might prove applicable:

  • You failed to stop at an obscured stop sign.
  • The sun was at the exact angle that you could not see the light turn yellow and it was too late to stop when you did see the light.
  • A traffic sign was faded and hard to read so you could not do as it said.

Traffic School Programs

In some cases, going to a traffic school that has state sponsorship or approval can help clear your driving record. A judge may even make this a requirement after you’re found guilty of egregious speeding or a DUI. While this will involve some out-of-pocket costs, it can be worth the time and investment.

West Virginia Defensive Driving School offers classes for Charleston residents that have been ordered by the court to attend as part of their sentence. In addition, some residents may choose to attend these courses to remove points from their license or lower their insurance premiums. However, many courses do not permit the removal of points from your license if you attend the class online. You have to attend in person.

Work With an Experienced Charleston, West Virginia Traffic Law Lawyer

Going up against Charleston law enforcement officers when the judge seems more inclined to agree with them than you, can feel intimidating. This is especially the case if you have had other traffic violations in the past that may reflect poorly on your driving habits. There is never a guarantee of the outcome in the court of law. However, working with an experienced Charleston traffic law attorney can re-inject objectivity into the discourse and get you the justice you seek.

Are you ready to reach out to a traffic lawyer to get help with your case? We can even help you connect with an attorney across West Virginia state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

Check out other areas of Charleston, WV law hat might apply to your case!

Auto Accident

Bankruptcy

Business Law

Child Birth Injury

Child Custody

Child Support

Consumer Law

Copyright Law

Criminal Defense

Debt Collector Harassment

Divorce Law

DUI Law

Employment Law

Eviction Law

Foreclosure Defense

Identity Theft

Immigration Law

Insurance Claims

Lemon Law

Medical Malpractice

Nursing Home Abuse

Patent Law

Personal Injury Law

Power of Attorney

Probate Law

Property Disputes

Real Estate Law

Social Security Disability

Tax Law

Vaccination Injury

Workers Compensation

Workplace Discrimination

Wrongful Termination

Wills and Trusts

How It All Works

Call us or answer the questions on this site. Your category, location, and additional information will help us connect you to a legal professional and we’ll send you the results instantly.

Which Areas of Law?

We have attorneys in over 20 legal categories to choose from.

How Much Does This Cost?

We don’t charge you to be connected. Some legal categories require upfront fees while others do not. The legal professional will determine this with you before you commit to anything.