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RD charge for speeding

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ALawyer

Senior Member
The key issue -- if this ever were to go to trial (and as I suggest below, your shouldn't let it) -- would be whether you were actually traveling at 80 miles per hour. Were you to plead not guilty the police officer who ticketed you would have to testify at trial and provide proof that the device s/he clocked you on was recently calibrated and accurate, and explain how s/he is sure she was tracking your car vs. another vehicle.

As an out of state resident you probably don't want to have to travel back up to Virginia for a trial, and probably don't want to risk facing jail time were you to be found guilty. And you'd carry a misdemeanor conviction for life. Similarly I assume that the prosecuting attorney would not want to waste a few hours in court and run the risk that the police officer who ticketed you may be unavailable on the trial date, or that risk that someone else who might be needed to prove calibration might to show up. Thus there there may be a terrific opportunity for someone to say "Let's Make a Deal!"

A typical deal would be for you to plead guilty to plain old speeding (say at 79 miles an hour) that does not involve a misdemeanor and pay a fine. Justice would be served, there would be a deterrent effect, and you, the prosecutor and the judge would save time.

The problem is that if you as a layperson were to make the offer, the prosecuting attorney could wonder what you may be trying to hide, and regard it as a sign of weakness. The prosecutor is well aware that if the matter were to go to trial, and you were not represented by an attorney at trial, the odds of you successfully handling your own case and winning are close to zero. So, rather than blow your best shot, I'd suggest retaining a lawyer in the community where the ticket was issued who handles those type of matters. That lawyer likely would be able to work out the deal suggested above.
 


FlyingRon

Senior Member
ALawyer, you're obviously not from Virginia.

There's no "risk" to the commonwealth's attorney. He doesn't really give a rat's ass if you plead guilty or go to trial. He's going to be in the courtroom anyhow (along with the citing officer, it's scheduled for his convenience and the judge) on the scheduled date and I've never seen a RD trial go more than a few minutes, let alone a few hours.

You don't have to plead to 79 MPH. NOTHING prevents you from being charged with regular speeding at 82. As I stated, it's usually pretty easy for a local attorney that knows the court and the CAs involved to get this dropped down to improper driving or even outright dismissed, sometimes requiring VADIP or some other driving school. However, every GDC is a bit different in what they'll take, which is why its important to have a local guy make the proposal.
 

FlyingRon

Senior Member
And you can appeal a GDC verdict and get a de novo hearing in circuit court. I don't recommend anybody go pro se at the circuit court level (and a lawyer is often a good idea at the GDC).
 

PhillyCop369

New member
Honestly, most jurisdictions are the same in that they are mostly interested in your money (sadly). My suggestion would be (they do this in Philly) to contact the court and arrange for a hearing date. At court, you would go and ask if you're allowed to get a plea deal. That's where you'll plead guilty to a less serious charge, a charge with NO POINTS. Then, go on a payment plan to pay the fines.

It's kind of difficult to fight since it'll be your word against the cop's in court.

You could also take the chance that he won't show up in court and the ticket gets tossed.

With my advice, everyone is happy, the court gets it's money and you have no points added to your license...
 

PayrollHRGuy

Senior Member
Honestly, most jurisdictions are the same in that they are mostly interested in your money (sadly). My suggestion would be (they do this in Philly) to contact the court and arrange for a hearing date. At court, you would go and ask if you're allowed to get a plea deal. That's where you'll plead guilty to a less serious charge, a charge with NO POINTS. Then, go on a payment plan to pay the fines.

It's kind of difficult to fight since it'll be your word against the cop's in court.

You could also take the chance that he won't show up in court and the ticket gets tossed.

With my advice, everyone is happy, the court gets it's money and you have no points added to your license...

Are you going to answer every traffic ticket with the same post?
 

HighwayMan

Super Secret Senior Member
Just wanted to point out two things...

Honestly, most jurisdictions are the same in that they are mostly interested in your money.
That's a pretty clueless statement.

My suggestion would be (they do this in Philly) to contact the court and arrange for a hearing date..
That's even more clueless. It's a misdemeanor charge and a "must appear" - on the date filled in on the ticket.

You certainly don't think like someone who claims to be a cop for "24 years".
 

FlyingRon

Senior Member
That's even more clueless. It's a misdemeanor charge and a "must appear" - on the date filled in on the ticket.
Actually, some of the speed trap districts have agreements with the CA to waive the jail time. In that case, you can prepay the ticket and take the misdemeanor conviction.

It's unlikely in GDC that the officer doesn't show up. The court dates are set by the officer's schedule and if he can't make it, it will be continued to his next scheduled court day. The only time I ever saw a case so dismissed in GDC here was when the officer, without explanation to the court, wandered off to deal with something. Even then, the case was held for quite some time while they tried to get him back into court.

As for the "revenue" allegation. These tickets are all collected at the state level. The departments or the jurisdictions they serve (I guess other than the State Police), don't get anything out of it. Parking tickets, on the other hand....
 

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