Question in Regard to Contesting in Virginia

[nathan79]

What is the name of your state? Virginia.

Hi all. My name's Nathan, and the other night (night after my birthday at that), i received a speeding ticket the other night on I 395 going south in Fairfax County. The police officer was setting a speed trap, and I saw him and slowed down way below 70 once he was in sight, but he pulled me over anyway.

Anyway, at first I thought I'd just pay the ticket, but it's kind of expensive (according to the officer, I was 74 in a 55, though i'm not sure of that, my speedometer seemed less than that), but a friend of mine said that if I contested, they might reduce my fine considerably as well as potential points, which is good since I don't know how many I have. Is this true? Any advice would be greatly appreciated, thanks.

[seniorjudge]

Q: a friend of mine said that if I contested, they might reduce my fine considerably as well as potential points, which is good since I don't know how many I have. Is this true?

A: Well, sure, they might do anything. Ask for a deferred prosecution (or whatever they call it there) if you have a good record.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

Public defender’s advice

[url]http://newyork.craigslist.org/about/best/sfo/70300494.html[/url]


Other people may give you other advice; stand by.

[Cygnus111]

I apologize that I can't speak for Virginia, but in CT you meet with a DA first and they offer you a deal. Usually it's money off the ticket but you still get the points, I've never had one offer to reduce the points. If you don't take the deal, then they bring the cops out and they sit in the jury box waiting to take the stand.

You can take the chance that your cop won't show up or that he used an uncalibrated radar gun, but if he used laser then you're essentially screwed.

[sukharev]

Forget difference between states, think difference between courts! Show up before trial in the court you are sent to, and see for yourself what the possibilities are. I've seen a range of anything from reduction in fine, points or no deal whatsoever or dismissal or change to non-moving violation. It's a money-collecting business, having little to do with law enforcement at that point.

[seniorjudge]

Originally Posted by sukharev

Forget difference between states, think difference between courts! Show up before trial in the court you are sent to, and see for yourself what the possibilities are. I've seen a range of anything from reduction in fine, points or no deal whatsoever or dismissal or change to non-moving violation. It's a money-collecting business, having little to do with law enforcement at that point.

True.

Thus, my admonition:

Go to court beforehand some day before you actually have to go to watch how things go.