VA - misdemeanor speed

[HighwayMan]

What is the name of your state (only U.S. law)? Virginia

I know there are some familiar with VA so I figured I'd ask. My GF got cited for a misdemeanor speed in King George County by the Sheriff's Department. I've warned her time and again about how bad VA can be but she slipped up (and she's an attorney - ugh).

Initial appearance is in February. She hasn't tried calling the court yet but I'm wondering two things...

1 - Any chance of getting the appearance date moved back (to a somewhat later date when she'll be there again) without an actual appearance?

2 - For a first time offender from out of state how bad or good do things usually go? Not asking "likely outcome" because that's impossible to know but I have absolutely no clue how the courts work down there - looking for a clue.

Thanks for any assistance.

Signed,

I Told You So

 

[FlyingRon]

If she's an attorney she knows she needs to get one in the jurisdiction she's cited in.

The appearance date is a trial in General District Court, she likely can get it rescheduled. It will be to a date the officer is scheduled to next appear in court (every few weeks).
Her other option is to have an attorney handle it.

How fast was she going? First off, while people don't tend to get worked up over misdemeanor traffic violations, if her record is otherwise clean I'd certainly NOT want this upon it. These are typically plead down to careless driving or completely dismissed, possibly for taking a defensive driving course. Each GDC is different. Unless she can communicate with the CA and get a deal, it would be best for her to obtain local counsel. When my wife got hers down in Christiansburg a few years ago it ran about $400.

They could throw her in jail (I've seen it for speeds approaching 100 or racing or other aggravating circumstances). They can suspend her Virginia driving privs which will require her to jump through hoops to reinstate (and if she doesn't she likely will be tripped up next time it's renewal time in your state.

 

[HighwayMan]

Thanks for the info - I was just looking to get an idea about the basics and not expecting much more.

Speed was 80 in a 55 and it was written for a county law violation (9-43). When I looked it up the county statutes on speeds all say that they simply mirror the equivalent state laws - and it says so on the summons but I didn't understand that until I checked the statute. (it is the equivalent of 46.2-862 under the state law).

 

[FlyingRon]

Was she cited to the King George General District Court?

 

[HighwayMan]

Yes, the box is checked next to "General District Court (traffic)"

 

[HighwayMan]

By the way, what is this first appearance? Arraignment? If so why does the officer need to be present?

 

[FlyingRon]

By the way, what is this first appearance? Arraignment? If so why does the officer need to be present?

Nope, the first thing in GDC is typically the trial. GDC traffic court is sort of the "small claims" of the court system. She can ask for a continuance or be tried on the spot.
If she loses, she can have a de novo trial in superior court.

As this is the trial, yes the witness (officer) will need to be there. It's extremely uncommon to not have an officer there. GDCs are scheduled to the court schedule of the officer.

If she isn't going to get a lawyer, arrive early and see if she can get into see the commonwealth's attorney to plead it down to careless driving (an infraction).

 

[HighwayMan]

Thanks! I think that's all the information I need.

 

[FlyingRon]

Thanks! I think that's all the information I need.

The CA is usually waiting in the wings somewhere but doesn't typically get into these cases unless you bring an attorney of your own. The officer will make his statement without the benefit of the prosecutor.