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.