Legal Question in Traffic Law in Virginia

Moving Violation

My son received a speeding ticket (68 in a 55 zone). He has had his license for 4 months, this is his first offence. Is there anything we can do to help minimize the damage to his driving record? Can first offenses be set aside pending a clean driving record for a certain amount of time? He also received a ticket (at the same time) for not having a muffler - he has a muffler but it apparently isn't substantial enough. It was on the vehicle when he bought it this past September. Any recourse for this situation.

Thanks in advance.


Asked on 11/27/05, 9:45 pm

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

Re: Moving Violation

Get the muffler replaced before your son's hearing date and have him bring proof of the muffler replacement to the court on the scheduled hearing date. If your son shows this receipt for the new muffler to the prosecutor assigned to his case and the police officer who wrote him the ticket, they may dismiss the defective equipment charge.

As for the speeding charge(13 mph over the limit), absent an explanation involving exigent circumstances, I see no remedy for this one.

I am not aware of any provision for setting aside

first time traffic infractions in the manner you've suggested.

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Answered on 11/27/05, 10:21 pm


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