Legal Question in Traffic Law in Virginia
Speeding Ticket: Plead Not Guilty by Mail
I have been told that in California you can plead not guilty in person, OR by mail (Trial by Written Declaration). Is this true in Virginia (Fairfax County)?
Does Trial de Novo (a second trial granted if I do not like the result of the first one) exist in Virginia as it does in California as well?
I received a ticket today going 53 in a 35. Motorcycle policeman filling his quota. I did not admit to speeding, but I did admit that the speed limit was 35. I feel that I have a good chance of winning the case if 1. The officer does not submit his case in writing, and 2. If that fails, the officer does not show up to the second court date.
I will try to push the court date back as far as possible!
1 Answer from Attorneys
Re: Speeding Ticket: Plead Not Guilty by Mail
Yes, in Virginia you can request to be tried in your absence for a traffic infraction.
And, yes, Virginia also has trial de novo in the circuit court as an appeal
which may be taken from the lower court's decision.(The defendant has 10 days from the date of the lower court decision to note the appeal.)
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