Legal Question in Traffic Law in Virginia

Prep for fighting a speeding ticket in VA

I was stopped on night by a local officer on a road posted at 55 mph. He clocked me at 82 in a 55 zone, did not arrest me because I was from out of state and had my wife and infant with me.

I told him I thought someone was tailgaiting me and later explained that a few miles earlier down the same road I had had an altercation with a driver in another vehicle and feared that he was following me. I signed the necessary forms and went on my way.

I would like to challange the ticket for two reasons. I really did have a fear that someone was following us and I also do not think I should blindly accept the officers claim of 82 in a 55 zone. I drive a SUV and I would really have to be pushing it to get up to 82. I really did not look at the speedodometer, I was looking in the rear view thinking I was being followed by the guys who gave us some trouble ten minutes earlier.

should I bother to travel to VA and defend myself in this case. I assume I need some case law examples to base my defense on but don't know where to start. The trial is scheduled for late March '03


Asked on 2/12/03, 9:15 am

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

Re: Prep for fighting a speeding ticket in VA

If you were to go to trial in this matter, your testimony at some point would probably include the words: "I really wasn't looking at the speedometer."

In the meantime the officer would've already testified as to how he had calibrated the radar beforehand and had tested it numerous times as to

its accuracy.

Whom do you think the traffic court judge is going to believe?

(Next time you're traveling on Virginia highways

and you believe that somehow you are endangered or threatened by some situation, I would advise you to call the state police on your cell phone.

The number is #77.)

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Answered on 2/12/03, 10:00 am


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