Wrong Court??

[lta893]

I got stopped for doing 78 in a 55 by a va state trooper out in Fauquier county va. He didnt count it as reckless driving and i was actullay going faster.

However im 17 and a first time offender. I was sent to general district court and through some research i found out that in va the juvinale court handles traffic cases for minors.

Im wondering if i got sent to the wrong court and if this could help me in some way. I think i face 6 points for going 20+ over and any help would be appreciated.

 

[seniorjudge]

I got stopped for doing 78 in a 55 by a va state trooper out in Fauquier county va. He didnt count it as reckless driving and i was actullay going faster.

However im 17 and a first time offender. I was sent to general district court and through some research i found out that in va the juvinale court handles traffic cases for minors.

Im wondering if i got sent to the wrong court and if this could help me in some way. I think i face 6 points for going 20+ over and any help would be appreciated.

Why do you think you are considered a juvenile under Virginia's traffic code?

 

[lta893]

Because im under 18

If you are implaying that im not a minor under the penal code then can you tell me because i can interpat your post either way

 

[seniorjudge]

Because im under 18

If you are implaying that im not a minor under the penal code then can you tell me because i can interpat your post either way

Ask when you get to court if you shouldn't be going through juvie.

 

[Happy Trails]

What is the code on the ticket?

 

[Happy Trails]

Ask when you get to court if you shouldn't be going through juvie.

Well his ticket isn't a felony, and it appears that juvie is where lta893 should go.

http://www.courts.state.va.us/jdrdc/jdrdc.htm#certification

 

[lta893]

Case Number: File Date: 01/09/06
Complainant: TRP CW ROOP
Locality: COMMONWEALTH OF VA
Defendant: Defense Attorney:
City/State Address:
Sex: Male Race: White Caucasian (Non-Hispanic) DOB:
Charge: R/D BY SPEED 78/55 Code Section: C.46.2-862
Case Type: Misdemeanor Class:
Amended Charge: Amended Code Section: Amended Case Type:
Offense Date: 01/08/06 Arrest Date: 00000


thats all the info i have on it

 

[homillerlaw]

Wrong Court?

First off, you have been charged with reckless driving. Virginia Code section 46.2-862 is a charge of reckless driving because, in your case, you were exceeding the speed limit by more than 20 miles per hour. This is a class I misdemeanor which is a criminal offense.

When you say you were sent to general district court, do you mean that is what it says on your yellow summons? If you go to court and raise the issue, the judge may decide to transfer the case to the juvenile and domestic relations court. I highly doubt that it would result in a dismissal of your case. Furthermore, the Commonwealth could choose to nolle pros the charge (dismiss) and refile it in J&DR court.

 

[homillerlaw]

Wrong Court?

First off, you have been charged with reckless driving. Virginia Code section 46.2-862 is a charge of reckless driving because, in your case, you were exceeding the speed limit by more than 20 miles per hour. This is a class I misdemeanor which is a criminal offense.

When you say you were sent to general district court, do you mean that is what it says on your yellow summons? If you go to court and raise the issue, the judge may decide to transfer the case to the juvenile and domestic relations court. I highly doubt that it would result in a dismissal of your case. Furthermore, the Commonwealth could choose to nolle pros the charge (dismiss) and refile it in J&DR court.

 

[Happy Trails]

lta893, please go back and edit your post to remove personal information.

§ 46.2-862. Exceeding speed limit - A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit where the applicable speed limit is thirty miles per hour or less, (ii) at a speed of sixty miles per hour or more where the applicable maximum speed limit is thirty-five miles per hour, (iii) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limits where the applicable maximum speed limit is forty miles per hour or more, or (iv) in excess of eighty miles per hour regardless of the applicable maximum speed limit).

EDIT: I see Homillerlaw has answered your question. My initial thought was that it was reckless driving because of the speed and the points that were going against you.

 

[OHgurl2002]

Adult vs. Juvy...

In such a situation as this, an adult would get points and a fine... you might want to consider what a juvenile would get. In most states, you don't have full driving privilges until you're 18. you might want to try to find out which is lesser of two evils...

 

[lta893]

My privacy

Will the fact that im listed in the pending cases have anything to do with the trial. Since im a juvinile is it legal for them to release my information to the public. I dont see a system for finding cases at the the juvie court site and i wonder if this has anybearing on the case.