Fairfax County is a congested area and many people will use parking lots and side streets to get around traffic control devices (and traffic in general). If you have been caught cutting through a gas station or side street in Fairfax County, you can either prepay the ticket (which is a conviction) or go to Court and fight it. If you are convicted, evading a traffic control device is a 3-point offense for DMV purposes and may result in insurance rate increases since it is a moving violation. However, a traffic ticket lawyer can help and we would happy to discuss your options with you.
Evading a Traffic Control Device
Virginia Code §46.2-833.1 makes it unlawful for anyone to drive off the roadway and onto or across any public or private property in order to avoid a stop sign, traffic light, or other traffic control device. A conviction in Fairfax County through prepayment is a $50 fine plus $67 in court costs. If you go to court and the Judge finds you guilty, they can give you a higher fine (up to $250).
If you choose to hire a lawyer, our firm will work towards negotiating a no-point non-moving violation that will not affect your driving record (or insurance rates). In some cases we can seek a dismissal of the charge since the officer must prove you drove off the roadway in order to avoid a traffic control device. Certainly, if they stopped you near a department store and there is evidence you were intending on shopping at that store or getting gas at the gas station you drove into, you are not guilty of this Code Section.
We offer a free consultation to discuss your case. We will outline your options and give our opinion as to what can be done to reduce or dismiss your charge. In addition we can appear for Court on your behalf and represent you without you needing to appear for Court. Feel free to give us a call or use the contact form and we would be happy to discuss your case with you.