What is the statute of limitations for a traffic ticket?
In Virginia, the statute of limitations for a traffic ticket is six months. This means that the state must file a ticket within six months of when the violation occurred. If the ticket is not filed within that time frame, the state will lose its right to file it and the citation will be dismissed. The six month limitation is part of Virginia’s Code of Virginia § 46.2-819. This part of the code states that "all prosecutions for any violation of any provision of Title 46.2 or any local ordinance adopted pursuant thereto shall be instituted within six months after the commission of the offense." In other words, this portion of the code states that any traffic ticket must be filed within six months otherwise it cannot be enforced. The six month limitation does not apply to all Virginia traffic violations however. Certain violations of Virginia’s motor vehicle statutes have a longer statute of limitations. For instance, reckless driving has a one year statute of limitations, and passing a stopped school bus has a three year statute of limitations. Generally, it is wise to comply with a traffic ticket as soon as possible to avoid legal consequences from the violation. If you know that more than six months have passed since a violation occurred, you may file a motion to quash the ticket due to the statute of limitations.
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