Every motorist must be aware of West Virginia's traffic laws. Understanding these laws allows drivers to navigate the roads more confidently and responsibly.
Effective enforcement of such regulations is a collaborative effort that involves the West Virginia State Police, local law enforcement, the Department of Transportation (WV DOT), and the Division of Motor Vehicles (WV DMV), as well as Magistrate and Municipal Courts.
The State Police and local agencies focus on immediate enforcement and issuing citations, while the DMV oversees license suspensions and reinstatements.
The WV DOT supports infrastructure and regulatory oversight, and the courts handle the processing of violations and disputes. This coordinated approach guarantees road safety and compliance with traffic regulations.
Traffic violations can lead to significant repercussions, including suspended driving privileges, negative impacts on driving records, and increased insurance premiums. Adhering to safe driving practices helps mitigate these risks and enhances overall road safety in the state.
What Are the Major Traffic Violations in West Virginia?
West Virginia Code Chapter 17C, known as "Traffic Regulations and Laws of the Road," outlines the state's traffic laws and regulations. It defines various violations and provides guidelines for traffic signs and markings.
Traffic violations in West Virginia are categorized into two main types: moving and non-moving violations.
Moving violations occur when a driver commits an infraction while the vehicle is in motion, such as running a red light or failing to yield. Depending on the severity, these can range from misdemeanors to felonies.
In contrast, non-moving violations involve stationary vehicles, such as improper parking or faulty equipment. These typically result in smaller fines and less severe penalties than moving violations.
Some serious traffic offenses in West Virginia are:
Driving on a Suspended or Revoked License
Driving with a suspended or revoked license is a serious offense in West Virginia that carries significant consequences. Common reasons for license suspension or revocation include:
- Driving under the influence (DUI) convictions involving drugs or alcohol
- Vehicular homicide convictions
- Frequent serious traffic violations showing disregard for safety
- Persistent negligent or reckless driving
- Dropping out of school before age 18
- Non-payment of child support
- Committing a felony with a motor vehicle
- Accumulating three reckless driving convictions within two years
License suspension or revocation durations vary. After the period ends, drivers must pay a $50 reinstatement fee and possibly meet additional conditions.
Driving with a suspended or revoked license is a misdemeanor, with fines from $100 to $500 for a first or second offense and $150 to $500 for a third or subsequent offense, plus 30 to 90 days in jail.
For suspensions due to DUI or refusal to take an alcohol test, first-time offenders face fines of $100 to $500 and up to six months in jail.
Second offenses result in fines of $1,000 to $3,000 and up to one year in jail, while third or subsequent offenses result in felony charges, with fines of $3,000 to $5,000 and prison terms of one to three years.
Driving Without Insurance
Driving without adequate car insurance in West Virginia is a serious infraction with significant penalties.
Pursuant to WV Code Section 17D-4-2, drivers must maintain insurance of at least $25,000 for individual bodily injury, $50,000 for total bodily injuries per accident, and $25,000 for property damage. The state's electronic verification system helps identify drivers lacking coverage.
Upon first detection of no insurance, drivers receive a notice of suspension and registration revocation, effective in 30 days. If proof of insurance is provided within this timeframe, the driver faces only a $200 fine.
Without proof, the driver's license and registration are suspended for 30 days, accompanied by a $200 fine. To restore their license, drivers must obtain insurance, present proof to the DMV, and pay additional fees.
Repeated violations within five years incur harsher penalties. Fines can escalate up to $5,000, and suspensions extend to 90 days. The option to avoid penalties by showing proof of insurance is not available for repeat offenders.
Additionally, driving without insurance is a misdemeanor, potentially leading to jail time from 15 days to one year, irrespective of prior offenses.
Speeding
According to WV Code Section 17C-6-1, the state enforces two types of speeding laws: absolute limits and a basic speeding law. Absolute limits are straightforward; exceeding the posted speed limit is illegal.
These limits include 15 miles per hour (mph) in school zones when children are present, 25 mph in business and residential areas, and 55 mph on most open country highways. Signs typically indicate these limits.
Meanwhile, the basic speeding law requires drivers to drive at reasonable and prudent speeds based on current conditions and potential hazards. Drivers must reduce speed when approaching railroad crossings, curves, hillcrests, or other dangers. A safe speed in ideal conditions might be unsafe on slippery roads or in low visibility.
Penalties for speeding violations vary depending on the offense. A first offense within a year can result in fines up to $100, and a second offense within a year can lead to fines up to $200.
A third offense within two years can result in fines up to $500, with possible jail time of up to six months if speeding exceeds the limit by 15 mph. Speeding in school zones incurs fines between $100 and $500, with harsher penalties for exceeding the limit by 15 mph or more.
Reckless Driving
Reckless driving in West Virginia, as defined under WV Code Section 17C-5-3, involves operating a vehicle with either intentional or gross disregard for the safety of others or property. "Intentional" refers to deliberate actions, while "gross disregard" means ignoring the potential dangers of one's actions.
Reckless driving is treated as a misdemeanor. The penalties for a first offense include five to 90 days in jail and/or fines ranging from $25 to $500. A second or additional offense carries more severe consequences, with jail time from ten days to six months and fines between $50 and $1,000.
Drivers who receive three reckless driving convictions within 24 months will face mandatory license suspension. If reckless driving results in serious bodily injury, the driver may face ten days to six months in jail and/or fines between $50 and $1,000.
Charges for vehicular homicide may arise if the incident leads to a death. Additionally, a reckless driving conviction adds six demerit points to the driver's record, with a suspension of the driver's license possible if 12 or more points are accumulated within two years.
Driving While Impaired/Driving Under The Influence
West Virginia prohibits driving while impaired, including a blood alcohol content (BAC) of .08% or more or being under the influence of drugs, alcohol, or impairing substances. For commercial drivers, the BAC limit is .04%.
Penalties for a first DUI (driving under the influence) offense within ten years include up to six months in jail, $100 to $500 in fines, and a six-month license revocation. Higher BAC levels result in more severe penalties. Offenders may apply for the Motor Vehicle Alcohol Test and Lock Program, which can reduce the revocation period with an ignition interlock device (IID).
A BAC under .15% results in a 15-day revocation and a 120-day IID requirement, while a BAC of .15% or more leads to a 45-day revocation and a 270-day IID requirement.
A second DUI offense within ten years, a misdemeanor, results in six months to one year in jail, $1,000 to $3,000 in fines, and a 10-year license revocation. A third DUI, classified as a felony, incurs two to five years in prison, $3,000 to $5,000 in fines, and lifetime license revocation.
DUIs causing severe injury or death are also felonies, with penalties ranging from two to 15 years in prison and $1,000 to $3,000 in fines.
Underage drivers with a BAC of .02% to .08% face fines and license suspensions, with a 60-day suspension or until they turn 18 for a first offense.
How Does West Virginia DMV's Point System Work?
In West Virginia, traffic violations lead to points on a driver's record. The DMV assigns points based on the severity of each offense, with more serious violations accruing higher points.
For example, reckless driving, speeding in a school zone, and hit and run carry six points. In more severe cases, such as eluding law enforcement, the penalty is eight points. Lesser offenses like failure to obey traffic signals or improper passing result in three points, while minor infractions, such as lighting violations or tailgating, accumulate two points.
Moreover, only the offense with the highest point value is considered when drivers commit multiple violations in a single incident.
Motorists can review the full list of traffic offenses and their associated point values through the DMV's Points Brochure.
Consequences of Accumulating Excessive Points
The DMV issues a suspension notice when a driver reaches 12 or more points, with the suspension becoming effective ten days after the notice is sent. The duration of the suspension depends on the total points:
- 12 to 13 points lead to a 30-day suspension
- 14 to 15 points result in a 45-day suspension
- 16 to 17 points incur a 60-day suspension
- 18 to 19 points lead to a 90-day suspension
- 20 or more points result in a suspension until the point total drops below 12
Drivers can opt to pay a $200 fee instead of serving the suspension, but this option is available only once every two years.
Expiration of Points and Methods for Clearing a Driving Record
Points are removed from a driving record two years after the conviction date. Drivers can also reduce their point total by three points once per year by completing an approved defensive driving course (DDC), provided they have fewer than 14 points.
For individuals with 12 or 13 points facing a 30-day suspension, completing a DDC can prevent the suspension if proof of course completion and the reinstatement fee are submitted before the suspension begins.
However, if a driver has 14 or more points, the DDC will not influence the suspension. Note that in West Virginia, only in-person defensive driving courses are accepted for point reduction; online courses are not eligible.
What Is the Process for Handling Traffic Tickets in West Virginia?
West Virginia motorists who break traffic laws receive a traffic ticket or citation (Uniform Traffic Citation) from law enforcement.
This citation, which addresses both moving and non-moving violations, outlines the offense, the relevant Magistrate Court, and the required response.
Drivers can either admit guilt and pay the fine or contest the ticket in court. Serious offenses, such as reckless driving, negligent homicide, and DUI, require a court appearance regardless of the plea.
Paying the Citation
Paying a traffic ticket in West Virginia signifies admitting guilt and waiving the right to contest it in court. Drivers may choose this option if they lack sufficient evidence for a challenge, but it results in negative points on their driving record.
West Virginia employs a decentralized system for ticket payments. Drivers usually pay State Patrol-issued tickets to the Magistrate Courts listed on the ticket, while county and municipal traffic tickets go to Municipal Courts.
Online payment options are available in some areas for citations that do not require a court appearance. For example, Charleston City allows drivers to pay traffic citations online using the Charleston Municipal Court Online Payment System.
To verify online payment availability, drivers should inquire with the Magistrate Court. If the citation refers to a Municipal Court, they should reach out to the Municipal Court's Clerk's Office or visit the county website for further details.
When making an online payment, drivers need to enter the vehicle's plate number for parking tickets or the citation number and their last name for moving violations.
Additionally, online payments often include a non-refundable convenience fee charged by third-party providers. After payment, the ticket status will be updated, and drivers may receive an email confirmation.
Challenging the Citation
In West Virginia, drivers can contest traffic tickets to reduce or dismiss penalties, particularly if there is evidence of innocence or an officer's mistake. Consulting legal counsel to assess the case is advisable.
To contest a ticket, drivers must plead not guilty at the courthouse or by mail before the deadline. Once the plea is filed with a magistrate or clerk of court, a trial date is set, and the defendant is notified. If plea negotiations with the prosecutor fail, the case goes to trial.
During the trial, whether represented by an attorney or not, the defendant can present evidence, call witnesses, and question the officer.
A guilty verdict may result in fines, demerit points, incarceration, license suspension, probation, community service, and higher insurance premiums. Unfavorable judgments can be appealed to the Circuit Court within a set timeframe.
Unlike states like California that allow contesting tickets by mail, West Virginia typically requires in-person court appearances for all traffic violations, whether minor or major offenses. Failing to appear can lead to arrest warrants or suspension of driving privileges by the DMV.
How Are Accident Reports Handled in West Virginia?
Under WV Code Section 17C-4-6, drivers must promptly notify law enforcement if an accident results in injury, death, or property damage exceeding $1,000.
For accidents within city limits, drivers should contact the local police department. Outside city limits, they must reach out to the local sheriff or the nearest West Virginia State Police office. Calling 911 is the most effective way to alert authorities and dispatch assistance.
Although it is generally advisable to involve the police in all accidents, including minor ones, WV Code Section 17C-4-7 mandates a police accident report only if the accident meets the criteria mentioned above. Officers will document the incident and submit their report to the Division of Highways within 24 hours.
For minor accidents not involving police, drivers must report the incident to the DMV if it results in bodily injury, death, or property damage over $500. This is done by filing a Report of Motor Vehicle Accident (AR-13 Form).
This report verifies that drivers had adequate insurance coverage during the accident. Failure to report appropriately can result in the suspension or revocation of a driver's license.
While police accident reports are not infallible, insurance adjusters generally trust them as the primary account of an accident.
If a driver is injured and seeks compensation, examining the police report is crucial for verifying details and supporting the claim. Similarly, if the fault is disputed, reviewing the report will clarify the situation and resolve any disagreements.
Obtaining Accident Reports
Drivers can obtain a copy of an accident report from the police department that responded to the collision. As there is no central database for these records in West Virginia, each police department has its own records request procedures, which are often outlined on its website.
Requests usually incur a fee ranging from $20 to several hundred, depending on the report's details. Motorists can typically request the report online, in person, or by mail.
When requesting accident reports online or by mail, drivers must provide essential details including the date and location of the crash, as well as the names and contact information of the involved drivers.
If any of this information is unavailable, drivers should contact the responding police department directly to explain their situation. Moreover, involving an attorney may be necessary to facilitate the process.
What Should Drivers Know about Traffic-Related Arrests in West Virginia?
A traffic arrest in West Virginia begins with an officer pulling over the driver and requesting their license, registration, and proof of insurance. If there is probable cause for a serious offense, such as a DUI, the officer proceeds with the arrest, informs the driver of the reason, and reads the Miranda rights.
The individual is subsequently transported to a local police station where the booking procedure involves taking fingerprints, photographs, and recording personal information. For DUI arrests, a chemical test is often administered.
The individual may be held until bail is posted or a court appearance is scheduled, with minor offenses possibly resulting in release with a citation and court notice.
Throughout the process, the driver's legal rights must be respected. Arrested individuals have the right to remain silent and should avoid making self-incriminating statements. Additionally, they can decline roadside tests, including field sobriety and breath tests.
Drivers have the right to refuse consent for searches of their person or vehicle. They may also choose not to participate in interviews and answer questions without legal representation. It is crucial to request an attorney immediately to ensure their rights are fully protected.
Key Steps and Available Resources After a Traffic Arrest
Following a traffic-related arrest in West Virginia, individuals are required to attend a court hearing and fulfill any bail or bond requirements. Seeking legal counsel is also crucial for navigating the legal system effectively.
The West Virginia State Bar provides resources for finding qualified attorneys. Their Lawyer Referral Service offers a 30-minute consultation online for up to $25. Additionally, the Legal Aid of West Virginia also provides support for eligible individuals.
The repercussions of such an arrest can be significant. Legally, individuals may face fines, license suspension, or even jail time.
Professionally, a traffic-related arrest may affect employment opportunities or lead to higher insurance premiums. On a personal level, it can cause stress and damage one's reputation.