West Virginia Traffic Violation Records

Traffic records in West Virginia are primarily maintained by the West Virginia Division of Motor Vehicles (WVDMV). The WVDMV operates under the West Virginia Department of Transportation. Among other details contained in a typical traffic record are information about speeding violations. About 7.51% of drivers in West Virginia have a prior speeding violation on their driving record. Note that some traffic violation records are also maintained by courts in the state.

In West Virginia, traffic violations result in the addition of demerit points to a driver's record, with the number of points depending on the severity of the offense. A license suspension or revocation may occur if too many demerit points are accumulated.

Are Traffic Violations Records Public in West Virginia?

Under the West Virginia Freedom of Information Act (FOIA), many government records are accessible to the public, including traffic violation records. Traffic records that may be accessed by the public include those maintained by the WVDMV and the municipal and magistrate courts. While magistrate courts handle most traffic violations, municipal courts deal with traffic offenses occurring within city limits. Note that for serious offenses, such as felony traffic violations, they may be handled in the circuit courts. Regardless of the court handling a traffic case, records of those cases are open to the public except where the records have been sealed.

Be aware that driving records maintained by the West Virginia Division of Motor Vehicles (DMV) are not publicly accessible in the same way. These records are considered privileged information and are protected under the federal Driver's Privacy Protection Act (DPPA) and the West Virginia Uniform Motor Vehicle Records Disclosure Act. As such, an individual's driving record is only available to:

• The individual themselves
• Entities with a legitimate need, such as law enforcement agencies, insurance companies, or employers, provided they have the individual's written consent

How To Look Up Traffic Tickets in West Virginia?

You may look up a traffic ticket in West Virginia in the following ways:

• Magistrate Case Record Search: To use this tool, you must provide a citation number or case ID and case type. A maximum of 100 records are returned for each search. You may review the search results to find the information you need.
• Municipal Court Record Search: For traffic offenses issued within city limits, such cases may be handled by a municipal court. You may check the website of the court to verify if they offer a citation search tool on their website. For example, the Charleston municipal court offers a citation number search tool on its website. You will need a citation number and date of birth, full name and date of birth, or driver's license number and date of birth to look up traffic ticket information.

Public record information is also made open to the public via certain third-party websites. Therefore, you may use a reliable third-party service such as publicrecords.us to look up West Virginia traffic ticket information.

Where Do I Pay Traffic Violations?

Payments for traffic violations in West Virginia may be made via the following methods:

• Online: You may use the magistrate court payment system to pay fines for cases handled by the magistrate court. This system accepts payments via credit card. However, you will need your case ID or citation ID number to complete the payment. If you do not have the case or citation number, you may contact the Magistrate Court Clerk's Office where your case was filed for assistance.

  For tickets issued within city limits, you may visit the website of the municipal court or jurisdiction to use its payment options to complete a traffic fine payment online. For example, Charleston Municipal Court, Beckley Municipal Court, the City of Morgantown, and the Charles Town PD provide online payment options on their websites.

• By Mail: You may make a traffic fine payment to the court by mail using a personal check or money order. You will need to include your citation in the check's memo and make it payable to the appropriate authority.
• In Person: You may also make payment in person by visiting the office of the clerk of court with jurisdiction over the traffic case.

How Much Does It Cost To Request Your Driving Records Online?

You may request a West Virginia driver record online via the WVDMV Online Services portal or by mail. To complete the application, you will need a driver's license number, full name, date of birth, and the last four digits of your Social Security Number or Alien Registration Number. If you prefer a mail application, you must submit a completed DMV-101-PS1 form and the applicable fee to the address on the form. The application fee is $7.50 or $8.50 if you do not have a driver's license number.

The driving record issued by a WVDMV includes a five-year driving record and a lifetime driving record (for CDL, State Bar, or Law Enforcement Background). A West Virginia driving record includes details such as driver's license status, accident history, traffic violations and convictions, points assessed for traffic violations, license class and endorsements, and issue and expiration dates of the driver's license.

What Are Moving and Non-Moving Violations in West Virginia?

Moving violations in West Virginia refer to traffic offenses committed by a driver while the vehicle is in motion. These infractions typically involve behaviors that increase the risk of accidents or pose threats to road safety. Common examples of moving violations in West Virginia include:

• DUI
• Speeding
• Reckless driving
• Running red lights or stop signs
• Tailgating
• Improper or unsafe lane changes

The penalties for moving violations in West Virginia may include:

• Fines (amounts vary by offense and jurisdiction)
• Points added to the driver's record
• Potential license suspension or revocation for habitual offenders or severe violations
• Increased auto insurance premiums
• Mandatory driver improvement or DUI education programs, in certain cases

Non-moving violations refer to offenses related to vehicles that do not involve the vehicle being in motion. These typically involve issues with the vehicle itself or vehicle documentation. Examples of non-moving violations include:

• Parking in a no-parking or fire zone
• Expired registration or inspection sticker
• Failure to display current license plates
• Broken or non-functional equipment, such as headlights, tail lights, or mirrors
• Improper display of vehicle tags

The penalties for non-moving violations in West Virginia include:

• Fixed fines
• Corrective actions, such as renewing vehicle registration or repairing faulty equipment
• Potential towing or impounding in certain parking or registration-related cases

Unlike moving violations, non-moving violations do not add points to a driver's record and typically do not affect insurance rates unless left unresolved.

How Long Does DWI Stay on Your Record in West Virginia?

A DUI conviction remains on your driving record for 10 years. If you are convicted of another DUI within these 10 years, the new offense will be considered a repeat offense, leading to more severe penalties. DUI arrest rates are low in West Virginia compared to most states in the United States. West Virginia records about 190 DWI arrests and 5 DWI road fatalities per 100,000 drivers.

In West Virginia, Driving Under the Influence (DUI) offenses carry escalating penalties based on the number of convictions within 10 years, such as:

• First Offense (Misdemeanor)
• Fine: $100 to $500
• Jail Time: Up to 6 months (no mandatory minimum)
• License Revocation: 6 months
• Aggravated DUI (BAC ≥ 0.15%):
• Fine: $200 to $1,000
• Jail Time: 2 days to 6 months (minimum 24 hours of actual confinement)
• License Revocation: 1 year

First-time offenders may be eligible for the Motor Vehicle Alcohol Test and Lock Program, which includes a 15-day license suspension followed by 165 days with an ignition interlock device. Successful completion can lead to dismissal of charges and expungement.

• Second Offense (Misdemeanor)
• Fine: $1,000 to $3,000
• Jail Time: 6 months to 1 year (mandatory minimum of 6 months)
• License Revocation: 10 years
• Alternative Sentencing: Home incarceration with electronic monitoring for at least 5 days may be considered.
• Third or Subsequent Offense (Felony)
• Fine: $3,000 to $5,000
• Imprisonment: 2 to 5 years
• License Revocation: Lifetime (with possible eligibility for the ignition interlock program)
• Alternative Sentencing: Home incarceration with electronic monitoring for at least 10 days may be considered.

Note that additional penalties apply when aggravating factors exist, such as when the DWI incident caused bodily injury or death.

What Are the Penalties for Breaking the Speed Limit in West Virginia?

West Virginia's speed regulations are governed by Section 17C-6-1 of the West Virginia Code. The law sets absolute maximum speed limits unless otherwise posted, as:

• Interstate Highways: 70 mph
• Open Country Highways/State Routes: 55 mph
• Residential, Business, and Urban Districts: 25 mph
• School Zones: Typically 15 mph during school hours or when lights are flashing

Speeding penalties in West Virginia vary based on the location and severity of the offense. Typical fines include the following:

• First violation within a year: Up to $100 fine.
• Second violation within a year: Up to $200 fine.
• Third violation within two years (less than 15 mph over limit): Up to $500 fine.
• Third violation within two years (15+ mph over limit): Up to six months in jail and/or $500 fine.
• Speeding in a school zone (less than 15 mph over the limit): $100 to $500 fine.
• Speeding in a school zone (15+ mph over limit): Up to six months in jail and a $100 to $500 fine.

The West Virginia Division of Motor Vehicles (WVDMV) also uses a point system to track violations and assess driving risk. Point assessments for speeding violations in the state include the following:

• Speeding 11-14 mph over the limit: 3 points
• Speeding 15-19 mph over the limit: 5 points
• Speeding 20 mph or more over the limit: 6 points
• Speeding too fast for the conditions: 3 points

The WVDMV takes action on driver's licenses when a driver accumulates excessive points, such as:

• 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 or more points: License suspension till the demerit total points is reduced to less than 12.

How Long Does a Speeding Ticket Stay on Your Record in West Virginia?

A speeding ticket remains on your West Virginia driving record for five years from the date of conviction.

How To Appeal A Traffic Ticket?

You may appeal a West Virginia traffic ticket using the following defenses:

• Faulty or Inaccurate Equipment: You may argue that the radar or speed detection device used by law enforcement was not properly calibrated or maintained, leading to an inaccurate reading.
• Mistaken Identity or Misidentification: This defense may be used if you were wrongly identified as the person who committed the traffic violation. For example, in areas with high traffic volume or poor visibility, an officer may have stopped the wrong vehicle. Evidence such as witness statements or dashcam footage may help support this argument.
• Lack of Clear or Visible Signage: You may contest a citation on the grounds that the relevant traffic signs, such as speed limit signs, stop signs, or lane markings, were missing, damaged, or obstructed from view. In such cases, you may present photographs or video recordings of the area to demonstrate that the signage was not visible or posted in accordance with state or local standards.
• Necessity or Emergency Situation: You may use this defense by claiming that your violation was necessary to prevent greater harm. For instance, swerving to avoid a collision, speeding to transport a person in medical distress, or stopping briefly in a prohibited zone to avoid an accident.
• Subjective Judgment Was Flawed: Certain violations, such as reckless or improper driving, rely heavily on the officer's personal interpretation of events. You may argue that the officer's assessment was subjective and did not reflect what actually occurred. This may be challenged with objective evidence, such as dashcam footage, GPS data, or third-party witness accounts.

Although these are defenses you may use when representing yourself in a West Virginia court, you should consider hiring an attorney if the traffic violation carries criminal consequences, such as DWI, reckless driving, hit and run, or driving on a suspended license. In addition, if you hold a commercial driver's license when committing the offense, legal assistance is also recommended.

How To Resolve an Out-of-State Traffic Ticket?

If you are a licensed driver in West Virginia and receive a traffic ticket while traveling in another state, that violation may still affect your West Virginia driving record due to the state's participation in the Driver's License Compact (DLC). Ignoring the citation may lead to more serious consequences under the Nonresident Violator Compact (NVC). The NVC ensures that when a motorist fails to address or pay a traffic ticket in a participating state, that state will notify the driver's home state.

You may resolve an out-of-state traffic ticket by following these steps:

• Appear in Person in the Issuing State: You may travel to the state where the violation occurred and appear before the appropriate court. This allows you to formally contest the ticket, present your defense, submit evidence, and request a reduction or dismissal if justified.
• Submit a Written Defense: Some states allow you to respond to a traffic citation by submitting a written declaration or affidavit. This may be a useful option if you wish to contest the ticket without appearing in person. You must follow the specific instructions provided by the issuing court, which may include mailing or uploading a written statement along with any supporting documents.
• Hire an Attorney in the State Where the Violation Occurred: If you are unable to travel to the state where the offense took place, you may be able to authorize a local, licensed attorney to represent you. Many states permit attorneys to appear in traffic court on behalf of non-resident defendants. An attorney may help reduce or dismiss the charges.

How Do West Virginia Traffic Laws Differ From Other States?

While many of West Virginia's traffic laws are shared with other states in the United States, several are unique to the state. Some of these include:

• Drivers must stop for school buses flashing red lights, notwithstanding the direction of approach, even on undivided highways.
• Drivers must not follow another vehicle more closely than is reasonable and prudent. Trucks and buses must maintain a minimum following distance of 200 feet outside business or residential districts.
• Drivers approaching a yield sign must slow to 10 mph or less and yield the right-of-way to any vehicle in the intersection or approaching on another roadway.
• U-turns are prohibited in certain areas, including near fire stations, on one-way streets, and around railroad crossings.
• When two vehicles enter an intersection from different highways at approximately the same time, the driver on the left must yield to the driver on the right.