Legal Question in Traffic Law in Virginia

Speeding ticket errors

I received a Speeding ticket today Friday 5/16/08 for what was supposed to be 60 in a 40. I realize the officer was giving me a break by not citing me for wreckess driving, but he wrote the ticket for 70 in a 40 and gave me a fine schedule backing up the 60 in a 40. I am still debating on going to court, but if I mail this in I am affraid if he does not catch the error I will owe additional $. The more I look at it the more errors I find, wrong year for my vehicle, wrong offense date and day of week (he put 5/15/08 and THURS) I was in bed with the flu that date. I tried calling him about the speed error, but should I address the other issues in hopes he will give me a break, or just keep quiet and show the judge all of the inconsistencies. I would have addressed the errors with him on the scene, but have had the flu and getting pulled made me feel worse. At that point I just wanted to go home.


Asked on 5/16/08, 10:51 pm

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

Re: Speeding ticket errors

The errors which you've cited on your ticket would appear to amount to what the law calls "de minimis" (meaning trivial) in their significance, and therefore easily corrected by the prosecutor, if need be on the day of trial.

All that matters, really, from a legal perspective in regard to this incident( as you've described it), is whether the motor vehicle which you were apparently operating on or about the day in question was in fact exceeding the posted speed limit by 20 or more mph.

And, if in fact that is the case, then, consequently, you should in fact come to grips with this incontrovertible reality and pay up the ticket with which you were cited and cease your insufferable WHINING.

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Answered on 5/16/08, 11:36 pm


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