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02-12-2007, 10:07 PM
| | Junior Member | | Join Date: Dec 2004
Posts: 1
| | | 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! | 
02-12-2007, 10:13 PM
| | Senior Member | | Join Date: Jun 2000 Location: Somnambulist University
Posts: 36,778
| | Quote:
Originally Posted by crpsebride 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. 
__________________ The Eiffel Tower was constructed so that the French would have something very tall to wave their white flag of SURRENDER from so that the 'enemy' could see it before they actually attacked!! | 
02-13-2007, 07:33 AM
| | Member | | 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!... | 
02-13-2007, 08:14 AM
| | Member | | 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...
__________________
_____________________________________________________ “[w]hen a statute is clear and unambiguous and the legislative intent is plain, the statute should not be interpreted by the courts, and in such case it is the duty of the courts not to construe but to apply the statute.”
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