Legal Question in Traffic Law in Virginia
Speeding Ticket 57/35
I got the ticket doing 57 on 35 zone. On the ticket it says
82.1-6(46.2-870). Is it a reckless ticket. Can I get this ticket dismissed some how. My speedometer is not functioning good.
1 Answer from Attorneys
Re: Speeding Ticket 57/35
Your chances of getting the ticket entirely dismissed are probably nil (unless the cop fails to show up that day, which does happen now and then). Your actual goal needs to be getting them to cut a deal to drop it down to ONLY a traffic ticket or "improper" driving.
Reckless driving is a CRIME. This is serious. Welcome to Virginia.... :( Reckless driving is a misdemeanor punishable with jail time, perhaps up to 1 year (although this never happens). It will place a misdemeanor on your record permanently.
By contrast any lesser charge is ONLY a traffic ticket. So getting it bumped down is night and day.
Therefore, you should seriously consider getting an attorney to represent you in this.
First, you need to got to the DMV and pull a written copy of your driving record. Your driving record makes a HUGE difference in almost every aspect of this. If your driving record is very good, the prosecutor will probably agree to cut you a deal, allowing you to plead to a lesser ticket and avoid any misdemeanor charge.
Second, you say that your speedometer is not working properly. Get someone to document this. If you come in with a mechanic or someone saying that your speedometer is not working properly, this could make a huge difference as well.
Then, the day of, you or your attorney should approach the prosecutor and say that you will plead to a traffic ticket of (for example) speeding at 53 or 54 or to "improper driving." If they don't agree to a lesser charge, then you have to plead NOT guilty and go ahead with a trial.
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