Legal Question in Traffic Law in Virginia

Hello,

I was pulled over for driving 55 in a 45 zone. Clear weather, night time, no traffic, going downhill on a slope. The officer decided to charge me for "Failure to Pay Full Time & Attention", section 14.2-16 under Arlington County's code in Virginia, rather than charge me with speeding.

In eye of the law that I am guilty, however, my reasoning for not tapping on the brakes was because I thought I would just let the car roll down until I reached the next hill. There was no other traffic or upcoming signal lights, nor was I pacing. I had it set to cruise control at the speed limit and kept my foot on the brakes only if necessary. I feel cheated but no doubt that I did break the law.

Unfortunately, I am required to go to court. I'm not sure how to take this on, and I was wondering what I should prepare for, or if there's any advice I can take for this matter.

I'm 19 y/o, college student, and a first time offender. I was told by the officer that this charge won't be on my record nor will it impact my insurance rate, and I am wondering if this is true, as I can't find a good source to authenticate this.

Thank you.


Asked on 4/29/14, 8:22 pm

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

Yes, the officer is correct that if you're convicted of this speeding charge, it will not appear as part of your criminal history since speeding infractions are

not classified as crimes. However, in regard to his/her other assertion that such

a conviction will not have any effect on your insurance rates, the officer is

speaking beyond the range of what s/he can reasonably know concerning

such matters since the answer to this issue can vary widely, depending

upon who your insurer is and its policy on the matter at the time your

infraction was incurred.

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Answered on 4/30/14, 8:16 am


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