Legal Question in Traffic Law in Virginia
Can I get my points dismissed?
I was given a ticket for traffic infraction with the charge ''FAIL TO OBEY TRAFFIC SIGNAL'' which will carry 3 points on my driving record here on.
The incident as explained by the officer who stopped me: ''I did not stop on a right turn when the Signal is RED and a sign board saying 'Stop on RED'''.
Actually by the time I saw the signal it was in Yellow and by the time I was turning it turned to RED. Also I did not see the Sign Board 'Stop on Red'. I was withing the required Speed Limit.
This incident occured in Fairfax, VA and my VA State License is only 4 months old. Also this is my first offense so far in my overall 1.5 years of driving history in US.
Now if I go to court and explain the same, shall I have any chances to get the points dismissed for my offense while paying the fine?
1 Answer from Attorneys
Re: Can I get my points dismissed?
No, the court has no authority to "dismiss" points which are assessed by the DMV against your driving record. You may have, however, facts sufficient to contest the charge itself which may be worth the time and effort involved in your going to court.
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