Legal Question in Traffic Law in Virginia
Speeding Ticket
Driving back to New Jersey from Virginia I was pulled over for speeding. I was doing 84 mph in a 65 mph zone. In Virginia if you're caught going over 80 mph, you have to appear in court on the specified date or get an attorney to represent you. My question is, is there a sample letter that I could use to write to the judge because I cannot go back to Viriginia or should I find an attorney, and if so, how do I find one?
I reside in New Jersey and was coming home from my Grandmother's funeral when I was pulled over.
2 Answers from Attorneys
Re: Speeding Ticket
NO! Welcome to Virginia, the nation's speed trap.
You are being charged with a CRIME -- NOT a ticket. This is "reckless driving" punishable by up to 1 year IN JAIL and a $2500 fine. Excessive? Welcome to Virginia, where silliness in pursuit of excess is no vice.
There is NOTHING you are doing on that day that is more important than going to court. Ten years from now when you are still dealing with a CRIMINAL RECORD in your life, you will wish you took two days off to go attend court.
Get a PAPER copy of your driving record. If it is really bad, throw it away and hope the prosecutor in Virginia does not get a copy. If it is reasonably good, bring the driving record to court with you.
BEFORE court starts, long before, find the prosecutor and say you are willing to plead guilty to going 79 (LESS than 80 MPH) which
would only be a "ticket" (civil fine) and NOT a misdemeanor crime. If the prosecutor does not agree, then tell the judge that you are requesting a trial, and need time to get a lawyer.
Do I need to say the obvious that you DO NOT ADMIT THAT YOU WERE GOING MORE THAN 80? And if you ADMITED that already to the police officer on the day you got the ticket, you are probably screwed. You may be down to prayer as your only option. The police officer will be able to testify that you admitted it when you were stopped.
Now, of course, if you are given jail time, you will not want to be there in Virginia. But if you are a "no show" the penality will be FAR WORSE, so it may not seem better, but it is better to show up.
Re: Speeding Ticket
You need to call the Court in Virginia and ask for an affidavit form to fill out either pleading guilty or stating why you are not. You should be able to submit that instead of appearing. If you really want to contest it, you need a Virginia lawyer.
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