Ticket for 20+ mph, but luckily no reckless in VA. Need advice.

[KevinDwain]

What is the name of your state? Virginia

My girlfriend was ticketed for 67 in a 35 mph zone under Section 46.2-875 (not reckless, luckily) as she entered the main toll plaza of the Dulles Toll Road in Loudon County, VA. The speed transitions from 65 mph down to 35 mph, hence the "major" traffic violation. She started braking as she crossed the line into the lower speed limit, but at that point she was already tagged by the officer. She confirmed the next day where the cruiser was located... right by the 65/35 threshold. The transition is 1/4 - 1/2 mile from the toll plaza (which was also empty at the time). I'm sure all these circumstances lead to the officer holding off on the R/D charge.

She has been given the option of pleading guilty and paying the $200 fine by mail. Our main issue is the 20+ mph is a 6-point violation in VA and could raise her insurance premiums by thousands over the next few years. I suggested that she speak to the clerk of the court and propose traffic school or show willingness to pay a larger fine to keep the violation off her record.

Is this reasonable to do? Is there any reason to retain a lawyer given the insurance premium issue?

I've never had a ticket, so I'm not familiar with the process. I'm assuming that there's no prosecutor involved since it was not a reckless charge (and it says "traffic court" on the ticket).
- Will it just be the clerk and the judge as far as avenues for communication?
- When is it appropriate to talk to the clerk, best thing to say to him/her, etc?
- At worst, should she plead no contest to the judge and hope for leniency?
- Can things like traffic school and larger fines be suggested at the hearing in front of the judge or should this all be worked out beforehand with the clerk?

Thanks in advance,
Kevin

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.

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.


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.”)

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Other people may give you other advice; stand by.