If you’ve received a Virginia overweight citation, you may be facing more than a simple traffic ticket. Virginia overweight citations can involve civil penalties, liquidated damages, weighing fees, and processing fees.
Attorney Kiara Swinton represents clients facing commercial vehicle violations and Virginia overweight citations. If you have received an overweight citation, it is important to understand your options before deciding whether to pay or contest the charge.
How Much Can a Virginia Overweight Citation Cost?
One of the most significant financial consequences of a Virginia overweight citation may be the assessment of liquidted damages. Liquidated damages are separate from the civil penalty and other fees associated with the citation.
Under Virginia law, the amount of liquidated damages is generally tied to how much the vehicle exceeded the applicable weight limit. The assessment can increase as the amount of excess weight increases. The calculation may also depend on whether the violation involves an axel weight limit, a gross weight limit, or a permitted weight limit.
This means that an overweight citation can result in a substantially larger financial obligation than the initial civil penalty might suggest. Depending on the circumstances, the total amount due may include the civil penalty, liquidated damages, a weighting fee, and a processing fee.
The amount assessed should therefore be reviewed carefully. Questions may arise concerning the applicable weight limit, the amount of excess weight, how the vehicle and load was weighted, whether a permit was involved, and how the assessment was calculated.
If you believe the amount assessed on a Virginia overweight citation is incorrect or you have questions about your options, contesting the citation may be worth considering. A timely election to contest sends the matter to the appropriate General District Court, where the assessed amount may ultimately be upheld, reduced, or dismissed.
Because the deadline to contest is generally 21 days, it is important to review the citation promptly rather than assuming that payment is the only option.
Frequently Asked Questions
For more answers or to schedule a free consultation, contact us today. We’re here to help you navigate your legal journey with expertise and compassion.
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At the Law Office of K. S. Swinton, attorney Swinton understands the significance of informed decisions, particularly when they impact your legal rights and future. Schedule your free initial consultation today to delve into your case and discover how she can provide the assistance you need.
"Our company had a very large liquidated damages charge that Kiara represented us on. She was able to get it reduced by more than 70% and I had to do very little. Highly recommend."