Legal Question in Traffic Law in Virginia
Passing a school bus
I recently pleaded guilty to the offense of passing a school bus while unloading passengers. I was fined $130 and my license was suspended for thirty days.
The ticket stated that the incident occurred at 8:30am however I have proof that it could not have occurred at this time and instead it happened at 4:30. Should I have not pleaded guilty? Can I appeal?
1 Answer from Attorneys
Re: Passing a school bus
You didn't say which court it was or when you pleaded guilty.
If it were General District Court and it has been less than 10 days, you can appeal by appearing at the Clerk's office and filing a notice of appeal. You would get a de novo trial, i.e., trial on the merits disregarding the General District Court's finding.
If it were Circuit Court, you could appeal but without a record showing that evidence entered in the trial, I'd say your chances of winning on appeal were between zero and none. But you would have 30 days within which to file a petition for appeal. (Better pack a hefty wallet for your attorney fees and costs and expect a negative result though.)
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