West Virginia Traffic Violations

Any act contrary to West Virginia’s motor vehicle laws is referred to as a traffic violation. Motorists can be stopped for both moving and non-moving infractions, or penalized for serious misdemeanor offenses such as DUI and reckless driving. To avoid license suspensions or criminal exposure, it is important for West Virginia residents to understand the traffic laws, the state’s point system, and the violations that can lead to penalties.

What Is Considered a Traffic Violation in West Virginia?

The traffic regulations and laws of the road for West Virginia are majorly codified in Chapter 17C of the West Virginia Code. Under state law, reckless driving is classified as a misdemeanor, punishable by a jail term of 5 to 90 days for the first conviction and 10 days to 6 months for subsequent convictions.

Other serious offenses, like DUI, may result in license revocation and the requirement to install an ignition interlock device. Drivers are also mandated to stop and give assistance after an accident, particularly when injury, death, or property damage has occurred.

Types of Traffic Violations in West Virginia

In West Virginia, motorists often face traffic tickets for various moving violations, such as:

• Driving Under the Influence (DUI): West Virginia Code §17C-5-2 makes it unlawful to drive a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. It also prohibits driving under the influence of drugs, alcohol, or a combination of both.

Even if no criminal convictions occur, the West Virginia Division of Motor Vehicles (DMV) may still impose administrative penalties, such as license suspension or revocation, ignition interlock requirements, and the addition of points to the driver’s record.

• Distracted driving (handheld devices/texting): Engaging in any activity that takes the driver’s attention away from the road, texting or using a handheld phone are actions that are prohibited while driving in accordance with the West Virginia Code §17C-14-15.
• Driving without insurance (financial responsibility):All motor vehicles in West Virginia must be insured before they are operated on public roads. The approved minimum coverage limits are $25,000 for property damage, $50,000 for bodily injury or death per accident, and $25,000 for bodily injury or death per person.
• Running a stop sign: Under Section 17c-12-5, this offense is treated as a misdemeanor with fines up to $100 and five license points.
• Driving without a license/while suspended: If a driver operates a vehicle in West Virginia with a suspended license or none at all, it is counted as a misdemeanor under Section 17b-4-3. A first-time offense is punishable by fines up to $500 and a jail term if it is related to DUI.
• Reckless driving: Per Section 17c-5-3, operating a vehicle with clear disregard for safety and in a way that puts others in danger is a serious offense that can lead to jail time and points on the driver’s record.
• Hit-and-run (leaving the scene): A hit-and-run occurs if a driver involved in a crash that causes injury, property damage, or death does not stop, provide identification, or offer help when needed. It is a jailable offense according to Section 17c-4-1 that can also lead to license suspension, depending on the severity of the accident.
• Failure to yield/following too closely / unsafe passing:Drivers are expected to give the right-of-way at intersections or to pedestrians when traffic rules or signs demand it. Failure to do so is deemed a violation of Section 17c-9-1 and can lead to license points and fines.

Traffic Violation Penalties in West Virginia

West Virginia’s point system aims to correct driver behavior and promote safety on state roads. When a driver reaches 6 points on their driving record, the DMV sends a warning letter encouraging more cautious driving. Also, a driver’s license can be suspended for a specific period of time if they accumulate 12 points or more:

• 12 to 13 points: 30-day suspension
• 14 to 15 points: 45-day suspension
• 16 to 17 points: 60-day suspension
• 18 to 19 points: 90-day suspension
• 20+ points: 120-day suspension

In West Virginia, points from a traffic violation stay on record for two years, while the conviction itself remains for five years. Moreover, the DMV permits drivers to take an approved defensive driving course (DDC) once every 12 months to remove license points. A driver with 12 to 13 points may take the course and submit proof to the DMV before the suspension date to avoid a 30-day license suspension. However, drivers with more than 14 points must still serve their suspension period, even if they complete the DDC and pay the reinstatement fees.

Criminal and enhanced exposure

• Reckless driving: For the first offense, the offender is liable to a fine ranging from $25 to $500 and may be sentenced to up to 90 days in jail. In the case of a repeat offense, the offender can be sentenced to 10 days to 6 months in jail and fined up to $1,000.
• DUI: This offense can lead to up to six months in jail and fines between $100 and $500 if it is a first conviction. Additionally, drivers can face administrative penalties from the DMV, such as license revocation and a compulsory alcohol education course.

Since insurance companies view the driver as a higher risk, the insurance rates may increase. In addition, serious offenses cause steeper premium hikes, and multiple violations can result in policy cancellation by the insurer.

How to Search for Traffic Violation Records in West Virginia

A) Court case records

West Virginia Magistrate Courts have jurisdiction over all misdemeanor offenses, including traffic violations. Magistrates often accept guilty or no contest pleas and impose fines or jail time for offenses such as driving with a suspended license and DUIs.

To access traffic violation records online, you can use the Magistrate Case Record Search. Additionally, you may narrow the results by entering more criteria, such as citation number, filing date, party name, or case ID. Since the portal does not provide document images, you can view them by visiting the office of the relevant county magistrate clerk.

While looking up traffic cases through the Magistrate Case Record Search, you will see basic case information such as the defendant's name, case status, filing date, hearing dates, citation number, and the penalties assessed by the court.

B) Official driving record (MVR)

It is against the law for you to request another individual’s driving record, but you can request your own records online, by mail, or in person at any branch of the DMV. To request online, you must provide information such as your driver’s license number, first, last, and middle name, date of birth, and the last four digits of your social security or alien registration number.

If you prefer to mail your request, you are expected to complete Form DMV-101-PS1. Include a letterhead explanation, a $7.50 fee, and a copy of your driver’s license or photo ID, then mail the documents to the WV Division of Motor Vehicles, Driving Records, PO Box 17020, Charleston, WV 25317.

How Long Do Traffic Violations Stay on Record in West Virginia?

A person’s driving record retains violations for about five years, but the points from those violations expire after two years. These timelines are independent of any court’s docket retention rules.