78/55 Speeding in Fairfax, VA

[Fahd]

What is the name of your state? VA

I was cited for SPEEDING 46.2-870 (NOT RECKLESS C.46.2-862) at 78mph in a 55mph zone (20mph+ is supposed to be reckless) in fairfax county, VA.

I was wondering if there was any possibility the charge might be increased to reckless if I went to court to plead not guilty.

This is my first offense, so what are my best options?

Thanks!

 

[FlyingRon]

You are extremely lucky. There is a world of difference between normal speeding (even if you have to pay a substantial fine because its computed on MPH-over) than a reckless conviction. A conversion from speeding to reckless isn't likely to happen (and certainly not during the speeding trial) because you're going from a citation to a MISDEMEANOR and the latter has slightly more formality to it as you are facing the possibility of jail time.

If your record is otherwise clean, ask the judge if you can take driver school in lieu of the conviction. This is your best deal. If you're over 20 you can do the school on line. If you are under, well it's just a day of watching stupid safety movies over at NoVa or the like.

 

[Fahd]

Thank you Ron. After countless hours of research that does appear to be my best option. I've just never been to court before so am not sure how this works. Do I plead guilty at the hearing and then request traffic school instead of a conviction?

Thanks again!

 

[FlyingRon]

Info on Fairfax courts including the numbers for legal assistance and lawyer referral are
here:
http://www.fairfaxcounty.gov/courts/gendist/admin.pdf

Generally at the beginning of the court session they call through the dockets looking for those people who are actually there and asking them how they want to proceed. Tell them you'd like the option of taking the driver improvement program. Depending on the caseload that day they may give you the continuance immediately, or you may have to wait for your case to be called.

GDC Traffic court typically calls the case, you and the police officer. The police officer presents his case, you get a chance to ask him questions (QUESTIONS, not argument, not present your story) and then you get to present your story. Often the judge will offer the traffic school, but you can do it.

If you want to do this on your own, you can get a good idea of how things go by showing up on traffic court days (which are usually daily in the mornings on the first floor court rooms in Fairfax if I recall).

 

[rd27]

I am in the same situation (46.2-870 in Fairfax county). Thank you for the great overview of the process. I have a couple clarifying questions.
I actually called and they said they didn't do traffic school, but perhaps they just mean they don't do it automatically.
On the summons date, if I go in looking for driver improvement program and they say no am I stuck pleading my case? Or is there someway to say at that point I would like a continuance to get a lawyer instead? Essentially I don't want to pay for a lawyer if they are going to give me traffic school.
PS, I am actually not in the exact same situation because I have a AZ driver license. Do you think the school option will still apply for me?

Thanks,
dave