Legal Question in Traffic Law in Virginia

Charged Under Wrong Statute

I'm on a restricted license for 90 days ending May 7 and I was pulled over in Fairfax County for speeding 48/25 (not reckless). my driving history is not pretty (-16) however i am eligible for the 5 safe driver points since its been after 2 years. The ticket i was charged for was 46.2-302, and from my understanding i should've been charged with 46.2-301. How can this work to my advantage and what exactly am I looking at as far as a verdict? Also, my court date is May 21 which is 2 weeks after my restriction and i will have my DL back. Do I have a good chance of getting off ''easy'' with these factors playing in? I'm a student at college and a full-time banker so jail and a suspension would be disasterous. I'd appreciate the feedback-Victor


Asked on 3/25/08, 11:28 am

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

Re: Charged Under Wrong Statute

If you should've been charged with DWS(46.2-301--driving while suspended or in violation of your restricted privilege), instead of failing to show proof of financial responsibility--46.2-302, the prosecutor assigned to your case will likely merely amend the charge to the correct citation on the morning of your hearing.

And, no, given your apparent history of repeated violations, I see no reason as to why any prosecutor would be inclined to let you off "easy", so to speak. In fact, "MAXIMUM JOHN" could well be what's called for in your particular situation.

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Answered on 3/25/08, 4:06 pm


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