Legal Question in Traffic Law in Virginia
Should I risk it?
I got my first speeding ticket going 70 on a 50mph. The cop charged me with speeding, luckily not reckless. But what happens if i take him to court? Is the myth that, ''If i go to court, i'll have my ticket reduced'',...true? I have an excellent driving record (NEVER been pulled over), but i'm worried that if i do take him to court, he'll bring up that i should be charged for reckless, making me look worst. A way to fight this ticket is that he said i was speeding based on his ''pace'', not radar. Another rumor I've heard is that i could fight a ''pace'' speeding ticket. Is this true? All i want is...to get my ticket reduced or...possibly dropped. Believe me, I've learned my lesson...it's one of those days where i was speeding at the wrong time at the wrong place...so if i could just explain this to the judge and show my good driving record (not including that I've never been in trouble with cops before), do you think i have a chance in court? Please E-mail me back at [email protected]
-Thanks, Victor
2 Answers from Attorneys
Re: Should I risk it?
First let's get the language correct, i.e., you're not taking any other body to court other than your own "cuerpo", meaning you're appearing in court as a result of the officer issuing you a traffic infraction. Whether or not you appear is up to you; the officer doesn't particularly care one way or the other. The officer will appear on that particular day scheduled for your hearing because it's his job to do so and it's one of his regularly scheduled court days on which he has in all likelihood numerous other cases to present to the court for an appropriate adjudication/disposition and not because "you're bringing him."
You can, nevertheless, bring a copy of your "good driving record" to show to the prosecutor assigned to your case on the morning it is scheduled for hearing in the traffic court and, after explaining whatever extenuating might apply, you could then(upon feigning an appropriately embarrassed and remorseful demeanor)ask to plead guilty to a reduced speeding infraction.
Re: Should I risk it?
It is true that if you go to court you MIGHT
have your ticket reduced. It is never guaranteed.
This will actually depend about 70% on your
current driving record and about 30% whether
you have a good argument for why you don't
believe you were actually going that fast.
What you do is get a copy of your driving record
from the DMV. If it is in fact a perfect or
near-perfect driving record, +2 to +5, your
chances are very good that the prosecutor will
accept a lower speed on your ticket.
Go early and say to the prosecutor that you are
willing to plead guilty to a lesser speed, and
show him your good driving record.
If the prosecutor does not agree, you can go
before the judge and simply pay the fine,
without any discussion.
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