Legal Question in Traffic Law in Virginia

I've been charged with VA code 46.2-878 for speeding 51/35 (Lidar) in Prince William County (Old Bridge Rd. & Rte. 123). I have had my share of tickets in the past, at one point topping a -23 point balance. I have tried to "keep my nose clean" and haven't had a ticket in almost two years (06/2008). I am out of my "Probation" period and my "Control" period w/ DMV would've ended this October. Due to not receiving any tickets lately, my point balance has reduced to -07 currently and, after confirming w/ DMV, in March 3 more points will drop bringing me to -04. The next time I can take a safe driver class and have 5 more points taken off is not until August. Of course, I do not require an attorney due to the minor infraction, however, I take this seriously since I will be placed right back in the Probationary period if convicted. I have been recommended to try and reduce the charge to "Faulty Equipment" or any other charge that is NOT a moving violation, in which DMV guarantees that if that's the case, no demerit points will be assessed. Is there any suggestions as to how I can accomplish this? Maybe asking for the forgiveness/mercy of the court and get the charge reduced? Ask for driving classes? It will be the first time I deal with a Prince William County Judge, so am rather new to this as my negative driving experience was mainly in Fairfax County. Thanks in advance!


Asked on 2/04/10, 10:25 am

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

Ask to discuss your case with the Assistant Commonweath's Attorney

assigned to your case before traffic court begins and explain the situation and

see whether this prosecutor might be agreeable to disposing of the matter

by allowing you to plead guilty to a non-moving violation (although, admittedly,

it's a long shot given your prior record of "lead-footedness" along with the fact that you've been charged in the current case with exceeding the posted speed limit by 16mph.)

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Answered on 2/09/10, 1:16 pm


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