Legal Question in Traffic Law in Virginia

Re: what kind of affidavit?

You can probably find an affidavit form that would work on the LawGuru website under the forms link. Fill that out and send it along with a copy of your current license and a letter explaining matters to the judge care of the clerk of the traffic court.

Re: what kind of affidavit?

I'd suggest sending the judge a photocopy of your license along with a copy of your driver's history (available from any DMV for $8) and a written explanation of your circumstances. Having the explanation in the form of a notarized affidavit just makes it more official.

Re: what kind of affidavit?

Those are possible solutions, suggested by my colleagues. However, affidavits are normally NO GOOD in court without a live appearance by the person. Normal people in real life use affidavits. However, courts require a live appearance by a real person and in most situations affidavits are meaningless in court as a substitute for a peson's live appearance.

So, it is possible that the judge could throw the book at you in your absence, and not accept any written document. It is also possible that the judge could be very sympathetic. You just don't know.

Of course you can always hire an attorney in that city to appear physically without you being there. This is probably a good idea, even though it is expensive.

You can also contact the prosecutor (Commonwealth Attorney's office; ask for who is covering cases that day) and get their agreement in advance to drop the charges based on proving that you do have a license. You can also call the Sheriff's deputy for the same reason.