Overcharged
Junior Member
What is the name of your state? Virginia
Hi, I'm a 21 year old out-of-state college student in Virginia. I was recently driving in an unfamiliar area and was pulled over by a trainee state trooper and got ticketed for going 68 in a 55. I have a clean driving record (was given a warning over 2 years ago which was not put on my record).
I received two documents from the officer. One was the Uniformed Summons, the other a "Prepayable Offenses Information Sheet," which listed various moving violations and the fines for each one. The officer had to mark which violation I was guilty of, and she checked "Speeding in a residence zone," which would be a fine of $291(!!!) for me. Considering I was pulled over on a 4 lane divided highway with a 55mph speed limit, it was NOT a residential area.
Later, I did a little research...the speeding in a residence zone is a violation of Section 46.2-878.2 of the Code of Virginia. However, on the Uniformed summons, the officer indicated that I was in violation of Section 46.2-870, which is "speeding in general," and according to the Prepayable Offenses Information Sheet, a fine of only $65.
So what I have is a discrepancy in the charge. It appears that she is charging me with a violation of Section 46.2-870, but fining me for a violation of Section 46.2-878.2. Before the officer left my car window, she recommended that it would be easier for me to go ahead and pay the fine and skip the court date, but in order to do that, I would have to pay the $291 fine!!!!
So my question would be, what is my best defense in court? Right now my plan is to motion for a mistrial: the paperwork does not clarify the violation, and therefore I am unable to enter a plea in the case. Therefore in order to insure due process and a fair trial, at the very least the charges should be dismissed and the citation properly re-issued (and hopefully the statute of limitations will prohibit the officer from writing me another ticket for the same offense).
Any advice and recommendations would be much appreciated.
Hi, I'm a 21 year old out-of-state college student in Virginia. I was recently driving in an unfamiliar area and was pulled over by a trainee state trooper and got ticketed for going 68 in a 55. I have a clean driving record (was given a warning over 2 years ago which was not put on my record).
I received two documents from the officer. One was the Uniformed Summons, the other a "Prepayable Offenses Information Sheet," which listed various moving violations and the fines for each one. The officer had to mark which violation I was guilty of, and she checked "Speeding in a residence zone," which would be a fine of $291(!!!) for me. Considering I was pulled over on a 4 lane divided highway with a 55mph speed limit, it was NOT a residential area.
Later, I did a little research...the speeding in a residence zone is a violation of Section 46.2-878.2 of the Code of Virginia. However, on the Uniformed summons, the officer indicated that I was in violation of Section 46.2-870, which is "speeding in general," and according to the Prepayable Offenses Information Sheet, a fine of only $65.
So what I have is a discrepancy in the charge. It appears that she is charging me with a violation of Section 46.2-870, but fining me for a violation of Section 46.2-878.2. Before the officer left my car window, she recommended that it would be easier for me to go ahead and pay the fine and skip the court date, but in order to do that, I would have to pay the $291 fine!!!!
So my question would be, what is my best defense in court? Right now my plan is to motion for a mistrial: the paperwork does not clarify the violation, and therefore I am unable to enter a plea in the case. Therefore in order to insure due process and a fair trial, at the very least the charges should be dismissed and the citation properly re-issued (and hopefully the statute of limitations will prohibit the officer from writing me another ticket for the same offense).
Any advice and recommendations would be much appreciated.