Legal Question in Traffic Law in Virginia

Carless & Reckless & Collections

We received a letter from the Fairfax County Court that states my fianc� owes $215 for a Careless & Reckless ticket she received in 1998. She remembers getting at least one letter back in 1998 and she remembers paying the $180 fine plus interest back in 1998 with a money order. The officer told her she did not have to go to court, just to mail in the fine. No more letters came. Now 6 years later, we get a letter for collection. After speaking with the collection agency and the court system, turns out her license is suspended in VA for failure to pay the fine. The judge apparently allowed the case to be tried in her absence. North Carolina HAS NOT suspended her license and after talking with the NC DMV, they assumed that it was taken care of since her license was not suspended. NCDMV does have a letter of conviction from VA. We also requested a copy of her case file from Fairfax County and they could not produce one. They said they couldn�t find it.

What should we do? I hate to pay something without proof especially when my fianc� remembers paying it 6 years ago. We do not have any receipts and the Fairfax County court says there is nothing further they can do.


Asked on 3/16/04, 12:15 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Carless & Reckless & Collections

If your fiance is a resident of North Carolina

then presumably she's driving with a license issued by that state. If true that means that the state of Virginia has not suspended her license to drive but rather her privilege to operate a motor vehicle in the Commonwealth.

If she wishes to have her driving privileges restored in Virginia your fiance will need to present evidence to the Virginia DMV that the matter has been properly disposed of, i.e, that the fine imposed was actually paid.

If your fiance is unable to produce this evidence as you've already alluded to, her final options would be either to pay the fine again(the price of not maintaing important records)or write a

firm letter to the Fairfax Co. General District Court (traffic)with a copy to the collection ageny informing them of her position,ie., since she's already paid, she will not pay again and then make sure that she does not operate a motor vehicle in the Commonwealth until such time as her driving privileges are restored in that state.

I would not advise sending a copy of this letter

to the NCDMV unless your fiance receives a letter from that agency making specific inquiry about the matter.(The old adage about "sleeping dogs" might well apply here.).

Read more
Answered on 3/17/04, 10:49 am


Related Questions & Answers

More Traffic Law questions and answers in Virginia