What are West Virginia Traffic Court Records?

West Virginia traffic court records are records created from the proceedings of traffic courts in the state of West Virginia. Traffic court records may include case files, evidence reports, and other documents deemed to be public records.

Are West Virginia Traffic Court Records Public Records?

Yes, they are. The West Virginia FOI Act grants access to public records, except where restricted by law or by a court order. Members of the public may obtain copies of a public record by submitting a request.

West Virginia Traffic Ticket Lookup

Traffic tickets in West Virginia can be looked up primarily through the West Virginia Judiciary's Magistrate Record Search, which allows searches by name or case number. This tool provides basic case details, but contacting the magistrate court clerk in the county where the ticket was filed is necessary for full documents or updates. If the citation includes a case ID, citation ID, or payment plan ID, the Magistrate Court Payment System can be used to pay fines or check the status of a ticket online.

In some cities, such as Charleston or Morgantown, municipal courts maintain their own systems where citations can be searched and paid online using information from the ticket. For those who need to confirm points or license status, the West Virginia DMV provides access to personal driving records, though it does not include case-specific details. When uncertain which court is handling a case, starting with the magistrate record search is often the most effective option.

Which Courts in West Virginia Have Jurisdiction to Hear Traffic Violation Matters?

West Virginia traffic violations and infractions are heard in Municipal Court, Magistrate Court, or Circuit Court. Cases involving violations of municipal ordinances are held in Municipal Court, while misdemeanor cases and violations of state traffic laws are heard in Magistrate Court. Circuit courts have jurisdiction over all misdemeanors, so it is possible for a traffic case to be heard there as well.

Getting a Traffic Ticket in West Virginia

In West Virginia, a Uniform Citation ticket is a legal document issued by a law enforcement officer to cite an offender for traffic violations. It typically includes four copies:

• White copy (Officer's copy)
• Blue copy (Court copy)
• Yellow copy (Violator's copy)
• Pink copy (DMV copy)

The citation may be completed by the officer before being issued to the violator, and the officer may fill in the date and time when the ticket was issued. The ticket may contain the full name of the violator, address, and details of the violator's driver's license. Other relevant driver characteristics may be included, such as date of birth, social security number, gender, race, etc. Information about the vehicle involved in the violation may be noted on the ticket. The officer may also note the location of the alleged violation with a timestamp. In the charges section of the ticket, the officer may record the violation observed by marking the appropriate checkbox and indicating if the violation was of a state code or municipal ordinance. Only 2 charges are allowed per ticket and 1 violation per section. The specific code reference numbers may be included as well. The officer may print his/her name and sign the ticket, indicating their agency and badge ID number. The name and location of the court of jurisdiction, along with a date and time to appear, may be listed on the ticket, and the violator may be required to sign the citation before receiving their copy as an acknowledgment of the charges against them. The back of the ticket may contain information on responding to the ticket.

Traffic fines in West Virginia vary by court and county. Traffic offenses in West Virginia can be infractions or misdemeanors; the difference is that misdemeanors carry the possibility of jail time if the offender is convicted. In some cases, serious speeding-related offenses may escalate to felony overspeeding in West Virginia, carrying heavier penalties than standard infractions. If the fine amount is not listed on the ticket, contact the court listed to obtain the total amount due.

West Virginia employs a points-based system for monitoring drivers. Convictions for moving traffic violations may be reported to the West Virginia Division of Motor Vehicles (DMV), and points may be assessed to the violator's record. If an offender accumulates 5 points, the offender may receive a warning letter from the West Virginia DMV. Accumulating between 12 and 19 points may result in a license suspension ranging from 30 to 90 days. Accumulating 20 or more points may result in an indefinite suspension until the total points have been reduced to less than 11 points.

Generally, traffic offenses are termed as either moving violations or non-moving violations. Moving violations refer to crimes committed while the vehicle is in motion, such as speeding or running a red light. Non-moving violations are offenses committed as a result of faulty/missing equipment or when the vehicle is stationary, such as parking violations. Non-moving violations can be committed by moving vehicles, such as failure to wear a seatbelt. These violations may not be communicated to the West Virginia DMV, and a conviction may not be assessed on the driver's record.

What to Do When You Get a Traffic Ticket in West Virginia?

Upon receiving a West Virginia traffic ticket, the violator may need to decide how to respond. A response should be made on or before the date indicated on the ticket (Court appearance date). The violator can choose to:

• Pay the traffic ticket
• Contest the ticket

Choosing to pay the ticket is seen as an admission of guilt to the charges and may be noted as a conviction on the violator's record. The offender should pay the total fine amount and any additional charges. The sentence may be reported to the West Virginia DMV, and points may be assessed to the violator's record, if applicable. Verification may have to be made with the assigned court, but payment of the fine can be made:

• Online—Payments can be made online by visiting the designated court's website and using the online payment service (if available). The citation number and a major credit card may be required, and a transaction fee may be charged.
• By Mail - Complete the Guilty/No Contest Plea notice on the reverse of the citation appropriately, sign and date, and mail a copy with a money order or check for the total amount to the designated court. Do not send cash by mail.
• In-Person—Complete the appropriate section on the reverse of the citation and deliver it in person to the designated court, with the total fine amount in a money order, check, or cash.
• Payments may be made on or before the date indicated on the citation, as failure to do so may result in additional penalties.

Contesting a Traffic Ticket in West Virginia

If the defendant chooses to contest the ticket, a plea of Not Guilty may be submitted to the court. This can be done by marking the "Not Guilty Plea for Traffic Offenses" notice checkbox on the reverse of the ticket and mailing it to the assigned court. A reply may be sent with the date and time to appear in court. Otherwise, the defendant may need to show up at the designated court at the assigned date and time to enter the plea. After a plea has been entered, the court might require the defendant to post bail (to ensure return), and a date for a pre-trial hearing may be set. It is advisable to retain the services of a traffic attorney.

West Virginia Driving Record Check

The Division of Motor Vehicles (DMV) issued driving records in West Virginia under the Department of Transportation. A driving record provides an official history of licensing, traffic violations, suspensions, accidents, and reinstatement requirements. Certified abstracts are used in insurance underwriting, employment checks, and legal matters.

The fee for a West Virginia driving record is $7.50. Records can be obtained online through the DMV's official portal, in person at a regional office, or by mail. Online requests provide quick access, while mailed requests require additional processing time.

Mail applications should be sent to:

West Virginia Division of Motor Vehicles
Driver Services Section
5707 MacCorkle Avenue SE
Charleston, WV 25304

The application requires completion of the Driving Record Request Form DMV-101-TR.

Obtaining Another Person's Driving Record

West Virginia law limits access to another person's driver's history record. Disclosure is permitted only to parties with a permissible statutory interest, such as insurers, courts, employers with safety obligations, or government agencies. The driver's consent may also authorize release. Form DMV-101-TR must be completed and submitted with the proper fee, specifying the basis of the request.

Free DMV Driving Records in West Virginia

Certified driving records in West Virginia are not available free of charge. The statutory fee of $7.50 applies to all requests regardless of method. License status may be checked informally in specific contexts, but such information does not replace an official driving record.

What to Expect in a West Virginia Traffic Court

At the pre-trial hearing, the defendant can meet with the prosecutor and attempt to reach a plea agreement. If this is successful, then there may be no need for a trial. If it is unsuccessful, the court may assign a date for the trial. After the trial, the judge may render judgment and find the defendant Guilty or Not Guilty. If found guilty, the defendant may be convicted on the charges and liable for all fines, costs, and additional penalties. The conviction may be reported to the West Virginia DMV, and demerit points may be added to the defendant's record. If the defendant was found not guilty, then all charges may be dismissed, and the defendant may not be liable for the fine, and no demerit points may be assessed on his record. Court costs may still be applicable.

Failure to appear for any court date could result in additional penalties, so notice may be sent to the court before the court date if the defendant cannot make it.

How Do I Find West Virginia Traffic Court Records?

Traffic court records in West Virginia can be obtained by using the search option on the West Virginia Judiciary website. Specific records can also be found by visiting the website of the courthouse where the case was heard and searching there. If copies of the record are required, a request with the Clerk of the Court may be necessary.

Additionally, publicly available records are accessible from some third-party websites. These websites offer the benefit of not being limited by geographical record availability and can often serve as a starting point when researching a specific or multiple records. To find a record using the search engines on these sites, interested parties may be required to provide:

• The name of someone involved, provided it is not a juvenile
• The assumed location of the record in question, such as a city, county, or state name

Third-party sites are not government-sponsored websites; record availability may differ from official channels.

What Information is Required to Obtain West Virginia Traffic Court Records?

Obtaining copies of a West Virginia traffic court record often requires the full name of the defendant on the record, the case number of the record, and any other pertinent information. A valid ID may also be required. In addition, requesters may be expected to pay applicable fees before the records can be released. This process also applies if an in-person visit to a courthouse was made. Processing time varies for each court.

Can Traffic Records be Sealed or Expunged in West Virginia?

In West Virginia, convictions for first-time misdemeanors and non-violent felonies may qualify for expungement. If applying for the expungement of:

• One Misdemeanor - A waiting period of one year should have elapsed from the date of conviction, sentence completion, or release from supervision, whichever occurs last.
• Multiple Misdemeanors - A waiting period of 2 years should have elapsed from the date of conviction, sentence completion, or release from supervision, whichever occurs last.
• Non-violent Felonies - A waiting period of 5 years should have elapsed from the date of conviction, sentence completion, or release, whichever is the latest.

Convictions for DUIs and traffic offenses committed while holding a Commercial Driver's License (CDL) or operating a commercial vehicle are not eligible for expungement in West Virginia.

How to Prepare for Traffic Court in West Virginia

West Virginia's traffic court process involves familiarizing oneself with the state's traffic laws and potential penalties for violations, such as fines, license points, and license suspensions. For certain traffic offenses, West Virginia offers a "driver improvement program", allowing offenders to attend a defensive driving course to dismiss citations or reduce penalties.