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  #1  
Old 02-12-2007, 10:07 PM
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Join Date: Dec 2004
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Littering Ticket - Cigarette Out the Window - Need Advice Please


What is the name of your state?

Virginia


About a month ago, I was driving and threw my cigarette butt out the window, like I have many times. I got pulled over, by a state trooper (i live in VA), and he gave me a ticket for littering. I didn't even know that could happen! When he pulled me over I thought he was just going to yell at me.

Anyhow, when he handed me the ticket he said the fine was prepayable. He said I could contest it in court, or just prepay the fine.

I called the Fairfax County clerks office and they told me the officer was wrong, it is not prepayable - it's a misdemenor, with a fine ranging from $250-$2500 and up to a year in jail.

Then I looked on the website they have for court cases. When I saw mine, I saw it does not say "littering", it says "HOV Violoation", and because of this mistake, it shows up as a prepayable ticket.

I don't know what to do. If I prepay the fine, I will have 3 points against my license. If I go to court I don't know what will happen. I have nothing on my record, no license points, nothing. I am a very law abiding citizen!

I am afraid they will be hard on me for littering because there's such a stigma associated with smokers. I even quit smoking because of this. I realize now this is wrong, even though people do it all the time. I am ashamed that I never gave it much thought before. I have really learned a lesson from this.

Please I need some advice. What are my chances in court? My court date is this Thursday!
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  #2  
Old 02-12-2007, 10:13 PM
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Join Date: Jun 2000
Location: Somnambulist University
Posts: 36,778
Quote:
Originally Posted by crpsebride View Post
About a month ago, I was driving and threw my cigarette butt out the window, like I have many times. I got pulled over, by a state trooper (i live in VA), and he gave me a ticket for littering. I didn't even know that could happen!
So, you need the definition of LITTERING???

Quote:
When he pulled me over I thought he was just going to yell at me.
Awww.... poor baby...

Quote:
I don't know what to do. If I prepay the fine, I will have 3 points against my license. If I go to court I don't know what will happen. I have nothing on my record, no license points, nothing. I am a very law abiding citizen!
No you're not!!! You are a ltterer... and not only that, a STUPID one.

Quote:
What are my chances in court?
How the hell would we know??

Quote:
My court date is this Thursday!
Then you better show up.... oh, and take LOTS of money.
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  #3  
Old 02-13-2007, 07:33 AM
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Join Date: Sep 2006
Location: Panama City, FL
Posts: 747
I'm glad you really learned your lesson. It's time to take responsibility for what you did, pay your fine, face your punishment and get on with your life. Good luck!...
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  #4  
Old 02-13-2007, 08:14 AM
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Join Date: Jul 2006
Location: MD, WV - formerly WA, UT, AL, MS and OR
Posts: 563
Go to court. On the charge presented (HOV violation) you should be found not guilty if you were not violating that statute. I wouldn't like to take the 3 points on your license and the possible HUGE insurance increase on that.

Keep in mind the officer may not show.

If the charge is amended and you have to appear for the littering you already have your humble begging for mercy and story pretty well ready to go...
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