Criminal Law

West Virginia Traffic Ticket Penalties

Fine amounts and other penalties for moving violations in West Virginia.
By John McCurley, Attorney · University of San Francisco School of Law
Updated: Dec 18th, 2024
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West Virginia drivers have several options for dealing with a traffic ticket. You can fight the ticket in traffic court or just pay the ticket. But assuming the driver admits guilty or is ultimately convicted, a traffic violation typically results in fines and demerit points being assessed by the DMV. Some more serious traffic violation convictions can also lead to license suspension and jail time.

Here are the fines, points, and other consequences for some of the most common traffic offenses in West Virginia. However, the penalties for a traffic ticket can vary depending on the specifics of the case.



What are the Fines, Points, and Jail for West Virginia Speeding Tickets?

The penalties for a speeding violation generally depend on how many prior speeding tickets the driver had within the past few years and the amount by which the driver exceeded the speed limit.

West Virginia has Two Types of Speed Limits

In West Virginia, you can get a speeding ticket for exceeding the maximum speed limit or violating the basic speed law. Maximum speed limits are usually posted and are just what they sound like—the top speed a motorist is allowed to drive on the roadway. The basic speed law isn’t quite so simple. Under the basic speed, drivers are prohibited from going faster than is “reasonable and prudent” based on the current conditions. In other words, motorists are always required to drive a safe speed regardless of what the maximum speed limit is. (W. Va. Code Ann. § 17C-6-1 (2024).)

Fines, Points, and Jail Time for West Virginia Speeding Tickets

Generally, speeding violations are misdemeanors in West Virginia.

First Speeding Ticket within a Year:

  • Points - Zero to six
  • Fine - Up to $100
  • Jail - None

Second Speeding Ticket within a Year:

  • Points - Zero to Six
  • Fine - Up to $200
  • Jail - None

Third Speeding Ticket within Two Years (Less Than 15 MPH Over Limit):

  • Points - Zero to Six
  • Fine - Up to $500
  • Jail - None

Third Speeding Ticket within Two Years (At Least 15 MPH Over Limit):

  • Points - Zero to Six
  • Fine - Up to $500
  • Jail - Up to six months

Speeding Ticket in School Zone (Less Than 15 MPH Over Limit):

  • Points - Six
  • Fine - $100 to $500
  • Jail - None

Speeding Ticket in School Zone (At Least 15 MPH Over Limit):

  • Points - Six
  • Fine - $100 to $500
  • Jail - Up to six months

What Are the Fines, Jail, and Points for Stop Sign and Stop Light Tickets in West Virginia?

Stop sign and stop light tickets generally carry the same penalties in Arkansas.

West Virginia's Stop Sign and Stop Light Laws

At a stop sign or stop light, motorists must come to a complete stop before the nearest of a marked stop line, entering the crosswalk, or entering the intersection itself. In West Virginia, making a right turn at a red light is permitted provided there’s no sign at the intersection specifically prohibiting it. (W. Va. Code Ann. § 17C-12-5 (2024); W. Va. Code Ann. § 17C-3-5 (2024).)

Fines and Points West Virginia Stop Sign and Red Light Tickets

Type of Violation

Fines

Points

First violation within a year

Up to $100

3

Second violation within a year

Up to $200

3

Third violation

Up to $500

3

Stop sign and stop light violations are misdemeanors in West Virginia.

How Much Will a Distracted Driving Ticket Cost in West Virginia?

The penalties for distracted driving tickets in West Virginia depend on how prior violations the driver has.

West Virginia's Distracted Driving Law

West Virginia’s distracted driving law generally prohibits all motorists from text messaging or using a handheld cell phone or other handheld electronic communication device while operating a vehicle. (W. Va. Code Ann. § 17C-14-15 (2024).)

Fines and Points for Distracted Driving Tickets in West Virginia

Type of Violation

Maximum fine

Points

First violation

$100

None

Second violation within 24 months

$200

None

Third violation within 24 months

$350

2

The penalties can be even more severe for offenses involving accidents.

About the Author

John McCurley Attorney · University of San Francisco School of Law

John McCurley started writing criminal law articles for Nolo as a freelancer in 2015. He joined the Nolo staff as a Legal Editor in 2016.  

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