Legal Question in Traffic Law in Virginia

Hit with a double ticket

I got pulled over a week or two ago for going 80 in a 65. I was in the left hand lane, cruise control, no one in front of me; 10:30 AM. I usually went 80 at 6:30AM, always to get to school. No cops at 6:30.

But I get charged with speeding and illegally tinted windows.

I bought my car used from a toyota dealership with the windows pre-tinted. Do I have to scrape off the tint anyway and prove it in court or can I get the dealership to do something? Will the dealer admit to selling an illegally tinted car?

Also, is there anything I can do to lessen the ticket, or would it be going out on a limb to pray the officer doesn't show up or for some miracle defense to exonerate me?

Is it possible to exploit the misrepresentation of justice pervaded by the lack of law enforcement at differing hours of the day?


Asked on 3/25/09, 5:57 pm

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

Re: Hit with a double ticket

It's always a mistake to drive at 80mph or faster on any public road at any time of the day or night in the Commonwealth of Virginia since there's a statute on the books that automatically makes such driving chargeable as a criminal (and jailable)offense known as reckless driving.

As for the window tinting, you could contact the dealer and see whether they might be willing to

modify it at their expense in order to make it legal in Virginia.

As to a possible disposition of the charge, your best approach likely involves your willingness to plead guilty to a lesser speed(less than 80 mph)with the Commonwealth dropping the tint charge if you can produce proof that the condition has been ameliorated to conform with current Virginia law.

And, I would further suggest that you forget all about the last approach you've mentioned as a viable way to defend against this charge as it would likely only exacerbate matters.

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Answered on 3/26/09, 11:44 am


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