NJ driver overspeeding in VA

What is the name of your state?What is the name of your state?What is the name of your state? NJ

I have a NJ driving license. Last week I was caught going at 87 mph in a 65 mph zone in Virginia and got a State violation ticket (I basically oversped for just a short while since my little son was desperate to visit the toilet). This is my first traffic violation. I have a court hearing in Virginia now in August.

I read at the DMV site that as per Virginia law, going 15-29 mph above the limit leads to 6 points while in NJ going 15-29 mph above the limit leads to 4 points. Will I therefore get 4 points in NJ or 6 points (or something different)? Is there a chance in my case to avoid points? Can I ward of points without a court appearance (since it is very inconvenient to go to court 250 miles away)?

Sure would appreciate some guidance on this.

Thanks,
Wiseseer

wiseseer said:

I have a NJ driving license. Last week I was caught going at 87 mph in a 65 mph zone in Virginia and got a State violation ticket (I basically oversped for just a short while since my little son was desperate to visit the toilet). This is my first traffic violation. I have a court hearing in Virginia now in August.

I read at the DMV site that as per Virginia law, going 15-29 mph above the limit leads to 6 points while in NJ going 15-29 mph above the limit leads to 4 points. Will I therefore get 4 points in NJ or 6 points (or something different)? Is there a chance in my case to avoid points? Can I ward of points without a court appearance (since it is very inconvenient to go to court 250 miles away)?

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You've got more homework to do. Go back to the VA website, and research how they assess points, and what penalties there are for point accumulation. Then go to the NJ site, and do the same thing. Also check to see how out-of-state violations are counted. That should answer most of your questions.

Some states will require a personal appearance for what you term "state violations". If so, you have no choice but to appear. When you do, you can ask the prosecutor for a reduction. Most are willing to make an offer to dispose the case at initial appearance.

If your going to court is that much of a hardship, call a few traffic attorneys in the area you were stopped. They are better equipt to answer specific questions about VA court procedure. They may even be able to appear for you.

It never hurts to ask.

How are out of state violations counted for NJ-VA?

Hi Curt,

Thanks for the response. My main issue is still about how out of state violations get counted. Will the Virginia points (6 points) get added to my license or will the equivalent New Jersey points (4 points) for the same 'offense' get added? I couldn't get this information from websites. I probably should start looking for some VA attorneys (I hope legal support for such violations are reasonably priced) as you suggest.

Do such cases normally get settled in a single court appearance?

Thanks!

wiseseer said:

My main issue is still about how out of state violations get counted. Will the Virginia points (6 points) get added to my license or will the equivalent New Jersey points (4 points) for the same 'offense' get added?

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That's why I recommended contacting a VA attorney. He or she would be able to answer these. Some states do, some don't, some don't count any out-of-state violations.

Do such cases normally get settled in a single court appearance?

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Very often, yes. The Court's interest is clearing as many cases as possible from the calendar. That way, they don't load up the trial courts with minor, but time consuming, speeding cases. A major jurisdiction has a huge number of cases passing through it, so their offers will often be better than a smaller jurisdiction's would be.

This is probably a "reckless by speed" violation with a mandatory court appearance. You will either have to show up or retain an attorney for the arraignment.

If it is reported back to NJ as speeding it will be two points.

Iwpat, Thanks.

What's the best way to tap a good (and reasonably economical) attorney to fight off the points? What's a good website for this? Since this is my first brush with law, I have no clue about the fee range for a traffic attorney to fight a speeding ticket. Does anybody have a very rough idea of what attorneys typically charge for such cases (covering court appearance and settlement)?

If the attorney can help to avoid points coming on the license, will the insurance companies still get/use the information to hike up premiums? I had a friend who negotiated in court to remove points for a violation but the insurance company got wind of it and jacked up the premium. I think people generally are more concerned about the insurance predators riping you off than the legal DMV points (which are more amenable to negotiation)!

Virginia Reckless Driving

The only way an insurance company can find out about a ticket is through your record with the DMV in your state. Sometimes tickets are recorded even though there are no drivers license points. As your friend found out insurance points and drivers license points are two different things. You always need to know the consequences before you agree to anything in court.

For a Virginia attorney try the find an attorney link on this site. Only if no one is listed send me an email and I can provide some more resources. The prices I have heard vary between 400 and 750. Much cheaper than what your insurance increase will be.

Which legal practice area for overspeeding?

Iwpat,

I went to the 'Find an Attorney Now' option but had a doubt. Under what legal practice area do we choose an attorney for representing traffic violations like overspeeding? The options under 'Traffic and Transportation' were Auto Accidents, Aviation and Maritime, DUI - DWI and Traffic, and Railroad and Transportation. Non of them mentioned anything about regular moving violations. I wonder if I will pick up the wrong specialist or an over -qualified person. Virginia seems to be covered at this site (I have to appear at Warrenton in the county of Fauquier) but I am confused about the right practice area.

Thanks!