Can I contest a speeding ticket (doing 73mph in 55mph zone) in Virginia?

[truckasaurus]

I am from Maryland, and I recently got a speeding ticket in Virginia on my way to a fun hiking trip. Made the trip rather not so fun, as I got a speeding ticket in the Rappahannock county for doing 73mph in 55mph zone. I asked for leniency as it was my first ticket and I have never driven in that part of Virginia before. He said he was lenient by making sure it wasn't more than 75mph else it would've been reckless driving. I was not sure what the speed limit was as I entered that road and I just came from a 65 mph zone. Granted that still meant I went above the limit as it was above 65mph too. And even though almost everyone was going at nearly the same speed as me, I understand that ain't a good defense, just terrible luck.

I have to pay a fine of $169 or go to court. I am not certain if I can contest this ticket in anyway or at least plead for leniency and get it reduced to some other charge. What is your best legal advice? Just suck it up and pay the fine, or go to court and argue against it? Or go to court, ask for reducing the fine and so I don't get points?

Also, how does this effect my insurance rates? I heard MD is lenient with out-of-state tickets and gives points only if they are serious offenses like reckless driving. Does that mean my insurance is unaffected or at least very little? I just applied for a better insurance rate anticipating rates to go way up in the future so at least I am good till next November.

Please advice.

 

[FlyingRon]

Of course you can contest the ticket. Your ticket will be heard initially in General District Court (a state court but they have them for each county). If you were in the reckless driving range he did you a MASSIVE favor by writing it at regular speeding. He is right.

There is no real "lesser" charge to get it reduced to. Speeding (below the reckless range) is pretty much the same if you are one mile per hour over 15. The two options they may offer (each GDC is different and I'm not familiar with Rappahanock) is to either waive the fine (you'll still get points and the $50 or so in court costs) or you might get a deferral in order to take a driver improvement course (at the local community colleges among other locations or if you are over 20, online). The school will cost you but at least you'll miss the conviction.

As you apparently know, you don't have to worry about points, MD doesn't assess them for Virginia tickets (other than DUI etc...). If you want to waste time going to court, and you have a clear record otherwise, I'd ask if you could get a break on the fine.

Your insurance company will likely hear of the conviction (unless you get out of it via a deferral). MD doesn't have any statutory scoring for offenses. My insurer will forgive one ticket (if you're clear otherwise and have been a policy holder for a certain number of years) but the second one will cost you a 40% increase for three years.

If you really want to know, consult a lawyer or if you don't mind wasting more time, find out what days traffic dockets are run on the court in question and hang out there and see how the judge behaves.

 

[sandyclaus]

I am from Maryland, and I recently got a speeding ticket in Virginia on my way to a fun hiking trip. Made the trip rather not so fun, as I got a speeding ticket in the Rappahannock county for doing 73mph in 55mph zone. I asked for leniency as it was my first ticket and I have never driven in that part of Virginia before. He said he was lenient by making sure it wasn't more than 75mph else it would've been reckless driving. I was not sure what the speed limit was as I entered that road and I just came from a 65 mph zone. Granted that still meant I went above the limit as it was above 65mph too. And even though almost everyone was going at nearly the same speed as me, I understand that ain't a good defense, just terrible luck.

I have to pay a fine of $169 or go to court. I am not certain if I can contest this ticket in anyway or at least plead for leniency and get it reduced to some other charge. What is your best legal advice? Just suck it up and pay the fine, or go to court and argue against it? Or go to court, ask for reducing the fine and so I don't get points?

Also, how does this effect my insurance rates? I heard MD is lenient with out-of-state tickets and gives points only if they are serious offenses like reckless driving. Does that mean my insurance is unaffected or at least very little? I just applied for a better insurance rate anticipating rates to go way up in the future so at least I am good till next November.

Please advice.

So sorry to spoil your "fun", but speeding tickets - and accidents - will have a tendency to "bring you down, man".

As a licensed driver, it is YOUR responsibility to follow the laws of the roads wherever you choose to drive. It's also YOUR responsibility to pay attention to the signage to know just how fast you should be driving. You should also be aware that there are NO roads in VA where it is legally permissible to drive over 70 mph according to the information I found, so regardless of whether or not you saw the sign, you STILL would have been driving over the limit.

The officer was right. They DID give you a break. You are VERY lucky that they didn't cite you for a higher speed and earn you a reckless driving charge on top of the speeding ticket. Reckless driving charges are CRIMINAL charges, not just a mere traffic ticket, and those stay on your criminal history, NOT just your driving history.

As for the points on your driver's license and paying a higher insurance premium? Consider that a tradeoff for the privilege of getting your speed on in a momentary lapse of reason. Pay the ticket.

 

[truckasaurus]

So sorry to spoil your "fun", but speeding tickets - and accidents - will have a tendency to "bring you down, man".

As a licensed driver, it is YOUR responsibility to follow the laws of the roads wherever you choose to drive. It's also YOUR responsibility to pay attention to the signage to know just how fast you should be driving. You should also be aware that there are NO roads in VA where it is legally permissible to drive over 70 mph according to the information I found, so regardless of whether or not you saw the sign, you STILL would have been driving over the limit.

The officer was right. They DID give you a break. You are VERY lucky that they didn't cite you for a higher speed and earn you a reckless driving charge on top of the speeding ticket. Reckless driving charges are CRIMINAL charges, not just a mere traffic ticket, and those stay on your criminal history, NOT just your driving history.

As for the points on your driver's license and paying a higher insurance premium? Consider that a tradeoff for the privilege of getting your speed on in a momentary lapse of reason. Pay the ticket.

Thank you for the reply, but you really make it sound like I am some ruthless driver. In all honesty, nearly everyone was doing at least 70 MPH on that 55 MPH road, as it was super empty. At worst, I was not a smart driver, but not some speed junky who found a chance to get a high. I guess, others noticed the cop and slowed down there, while I being a new driver just sped along. In fact, when I reached my destination and told my friend I got a ticket, he confessed that at one point he was even doing 80 MPH, but that he is always very careful to make sure he doesn't get caught, ever since he got a ticket years ago.

But back to my question, what can I realistically do by going to court? Can I ask for them to lower my fine and/or charges? And how much are court fees? If the court fees are very high and I feel not too confident with my defense, I will just pay the fine and leave it at that.

 

[FlyingRon]

But back to my question, what can I realistically do by going to court? Can I ask for them to lower my fine and/or charges? And how much are court fees? If the court fees are very high and I feel not too confident with my defense, I will just pay the fine and leave it at that.

Are you capable of reading. I responded with detailed information in my post. You can get a fine reduced if you play your cards right.
I can guarantee I've spent more time in GDC than either Sandy or you.

 

[truckasaurus]

Are you capable of reading. I responded with detailed information in my post. You can get a fine reduced if you play your cards right.
I can guarantee I've spent more time in GDC than either Sandy or you.

I did notice your reply. I am sorry for not acknowledging it.

 

[HighwayMan]

I can guarantee I've spent more time in GDC than either Sandy or you.

Ah, so then YOU are the ruthless driver!