Receiving a Virginia overweight citation can be concerning, particularly when the amount assessed includes liquidated damages in addition to other penalties and fees.
The good news is that receiving an overweight citation does not necessarily mean that you have to accept the amount assessed by the Virginia Department of Motor Vehicles.
Virginia law provides a process for contesting an overweight charge in court. However, there is an important deadline.
You Generally Have 21 Days to Contest
When a Virginia overweight citation is issued, the owner, operator, or other person charged with the violation generally has 21 days after the citation is served to either pay the amount due or provide the Virginia Department of Motor Vehicles with written notice of the election to contest the citation.
If the citation is timely contested, DMV forwards the citation to the appropriate General District Court for trial. The DMV also sends confirmation that the citation has been forwarded to the court.
Because of this deadline, waiting to decide what to do can create unnecessary problems.
What is Included in an Overweight Citation?
An overweight citation may involve more than a basic civil penalty.
Depending on the circumstances, the amount assessed can include:
• A civil penalty
• Liquidated damages
• A weighing fee
• A processing fee
Liquidated damages are particularly important because they are tied to the amount by which the vehicle exceeded the applicable weight limit. The assessment can increase as the amount of excess weight increases. Different rules can apply depending on whether the issue involves axle weight, gross weight, or a permitted weight.
As a result, a citation involving a relatively small civil penalty can still create a much larger financial obligation once all applicable assessments are included.
Why Contest an Overweight Citation?
Every case is different, but there may be circumstances that warrant reviewing and contesting an overweight citation. Every case is different, but there may be circumstances that warrant reviewing and contesting an overweight citation.
For example, questions may involve:
• The applicable weight limit
• The amount of excess weight
• Whether the vehicle was weighed properly
• The circumstances surrounding the weighing
• The vehicle, trailer, or load involved
• Whether a permit applied
• The calculation of liquidated damages and other assessments
• Whether the person or entity charged is legally responsible for the violation
Contesting a citation does not guarantee that the citation will be dismissed. However, after a contested citation is heard in court, the assessed amount can be upheld, reduced, or dismissed.
That makes it important to understand the available options before simply paying the amount listed on the citation.
What Happens If You Do Not Contest or Pay?
Failing to timely pay or contest the citation can have additional consequences.
Virginia law provides that failure to timely make payment or deliver a notice of contest can result in an administrative order of assessment. That order can have the same effect as a judgment for liquidated damages entered by a General District Court.
DMV also states that failure to pay or submit a timely contest request can result in suspension of privilege to operate on Virginia highways and an additional reinstatement fee. Vehicles may also be detained until the amount due is paid.
Should You Speak With an Attorney?
If you have received a Virginia overweight citation, particularly one involving substantial liquidated damages, it may be worthwhile to have the citation reviewed before deciding how to proced.
An attorney can review the citation and the circumstances surrounding the alleged overweight violation and help determine whether there are issues that should be raised in contesting the charge.
The most important thing is not to overlook the deadline. Virginia generally provides only 21 days to either pay the required amount or notify DMV that you intend to contest the citation.
Attorney Swinton represents clients in Virginia commercial vehicle violation matters, including overweight citations. If you have received a Virginia overweight citation and want to understand your options, contact the Law Office of K. S. Swinton, PLLC for a consultation.
