70 in a 55 - driving school question

[leeb180]

What is the name of your state (only U.S. law)? Virginia

Hi,

I got stopped this morning doing 70 in a 55 (and I wasn't even keeping up with the cars in front, they were still pulling away, but I was last in the line so got radar'ed)

It is my first time I have been ticketed in 19 years driving between the UK and the USA (have lived in the USA 5 years, VA just under 2 years)

I have the option to pay $5 per mph + 51+10 = $136 prepayable.

Is it worth completing the driving course online (virginia approved) for $48, then turning up to court? The driving course gets you 5 safe driver points, and the offense carries 4 pts.

If I did, does the offense go on my record then the safe pts applied (ie do the insurance company still get informed) or does the thing not go on.

What are the chances of the judge dismissing if i show I am sorry by completing the course and then turning up and apologizing?

Thanks for any answers.

[bcustard]

Haha. Traffic violations are kind of my forte.

Depending on your financial situation, I would say go ahead and pay the course fee and take the class. While the "safe driver" points will go on your record, they will have no idea why. Defensive driving can be taken to lower insurance rates alone, not necessarrily in conjunction with moving violations. Your insurance rate will go up without the course but with it, not only will your insurance not go up, it is possible that your rates will go down.

F.Y.I.: Defensive driving can only be used as a dismissal method ONCE a year.

[FlyingRon]

Depends what you were charged with. If you were charged with speeding, they take driving school in lieu of the conviction (normally what they do is continue your case to give you time to take the course).

If you were charged with reckless driving however, it is unlikely that they will dismiss it outright in most courts (at least the Fairfax and Loudoun ones I am familiar with). They'll reduce it to careless driving or the like if you do the VADIP. You need to however speak to the commonwealth's attorney on that one first I believe.

Reckless is not a charge to sneeze at in Virginia. I'd recommend at least consulting with a lawyer familiar with the court in which you are to appear.

[leeb180]

I was not charged with reckless as I was given the option to prepay the fine and be done with it - I just want to take any steps I can if possible to keep my 19 year clean driving record ;-)


Which is why I am looking at doing the course, then turning up, pleading guilty, and explaining that I took the course to better my driving as I was proud of my 19 year clean record, and want to ensure it doesn't happen again.

Edit : The code on the paperwork is :

For Violation of State
Law Section 46.2.870
Describe Charge : Speed 70/55 MPH Zone, RADAR

and the You may avoid coming to court if this is ticked box is indeed ticked. so i believe it is a "simple speeding" offense?

[FlyingRon]

Yes, if you have a clean driving record other than this offense the approval of VADIP in lieu of conviction should be a routine request to the judge.

[leeb180]

so if I turn up, and plead guilty does he give me a chance to say anything before he sentences? I don't know how traffic court works.

Thank you all for the info!

[FlyingRon]

You probably won't be asked to plea anything. Virginia traffic offenses are handled informally in general district court. Generally you and the police officer will be called up together. The police officer will give his testimony as to what happened. You'll get your chance to say what you want. You can make your driver school request at that time.

Since you won't have any non-police witnesses, you're not going to be at the top of the docket, so you'll get a chance to see how it goes before it's your turn most likely.

[leeb180]

Thank you for the prompt answers, much appreciated.

I have decided to take the course and turn up and see if I can get it reduced or modified by doing that. If not, worse case I have 5 good driver credits to counteract the 4 points for the ticket.