Protesting unfair decision for speeding violation

What is the name of your state? Virginia

I recently received a Speeding ticket for going 47 in 30 zone. I had to request an extension/continuance to for the court date as I had a big family tragedy. The extension was granted. Then a day prior to my new court date, a dependant family member got sick and I called court for a second continuance. I was informed that my request would be forwarded to the judge. If request unaccepted I would be tried in court in absentia. So the judge relentlessly tried me in absentia and slammed a $274 fine for the violation. By my county law, Fairfax county, if I had prepaid the ticket it would be $5 per mile over speed limit and $54 admin fee. It comes out to $139, but I was slammed $274. This seems very very unfair and unjust and I would like to know what are the ways, if any, that I can protest this. Please help. Thanks in advance.

[I AM ALWAYS LIABLE]

[quote]Originally posted by rdadoo1


I would like to know what are the ways, if any, that I can protest this.

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My response:

You can "protest" the fine by making a BIG sign, and stapling it to a long stick. The sign should read, "Judge XXXX is UNFAIR and this courthouse SUCKS". Hold the sign, march back and forth on the sidewalk, and shout in front of the courthouse.

In a couple of days, they'll get tired of you and reduce your fine.

IAAL

Thanks for your response. You are right in your implicit observation. I should have used the word contest instead of protest. Thanks for your observation.

[lwpat]

You may be able to appeal the decision to a higher court if you really want to go to all the trouble. Your appeal would be based on the failure of the judge to grant a continuance. Be prepared to present medical evidence that you were unable to attend court.

The higher fines are typical because they do not want anyone contesting an unfair speeding ticket. Officers in one VA town even have credit card machines in their patrol cars and will offer you a "deal" if you pay on the spot.

The only way to stop this is through the legislative process. Oklahoma just passed a bill that limits the amount of fines that a town can collect form speeding ticket fines. Arkansas has a similar measure.

Check with the clerk of court and ask about the amount of your fine. In some states it can depend on whether you were cited by a state or local officer. Cities are allowed to add surcharges to the fines in some jurisdictions.

I will check with the court clerk tomorrow. I do appreciate your advice. Your following statement seems to accurately address the situation, "The higher fines are typical because they do not want anyone contesting an unfair speeding ticket."

Could you direct me as to where can I find more information about appealing the case to a high court. I will get a lawyer once I understand what the process entails and make a decision if I want to go through the whole process.

Once again, thanks for your kind response.

[JETX]

"You may be able to appeal the decision to a higher court"
*** Wrong. You do not have justification for appeal.

"Your appeal would be based on the failure of the judge to grant a continuance."
*** Wrong again. There is no statutory obligation for a court to continue a traffic ticket setting. Also, there are certain requirements for any continuance request and, from the post, it appears that was not done ("I called court for a second continuance"). Further, the OP was advised that the request may not be granted and would be tried in absentia.

"Be prepared to present medical evidence that you were unable to attend court."
*** Don't waste your time.

"Oklahoma just passed a bill that limits the amount of fines that a town can collect form speeding ticket fines. Arkansas has a similar measure."
*** Wonderful. And what do those states have to do with the issue.... or this thread?

"Check with the clerk of court and ask about the amount of your fine."
*** Why?? The clerk can't change the fine given by the court???

Harsh as it may be, next time you get a ticket, show up for the trial.

[lwpat]

"Could you direct me as to where can I find more information about appealing the case to a high court. I will get a lawyer once I understand what the process entails and make a decision if I want to go through the whole process."

You would need to go ahead and consult with an attorney. Usually you only have a limited time frame in which to appeal and it must be in the proper format and properly served. JETX is quite correct in that you may not have justification for an appeal. It would depend on state law and prior rulings.

Even if you appeal and it is granted all that will happen is that a new court date will be set. Nowhere have you stated that you were not speeding or have a defense. You should consider this from an economic and not emotional point of view. What effect will this one ticket have on your insurance premiums for the next three years? Call your insurance agent and then you will know if it is worth continuing the fight. Then an attorney can advise if it is even possible to continue.