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20+ mph ticket in Richmond, Virginia

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What is the name of your state? Virginia

I don't know what was going on in my mind. I was shocked when officer told me I was doing 55 on a 35. I was tired and rushing towards home I guess. I am feeling really bad and guilty right now. I have had no tickets in recent years. My license is clean. I was nice to the officer and he told me that. He said he is not giving me a ticket for reckless driving, which I appreciated a ton. He told me he will say that to the judge, that I was being cooperative and polite.. What should I do? Can traffic school dismiss this ticket? I learnt my lesson. I want to remain a good driver and behave myself in the future. What should I do? Will the judge have mercy on me and allow me to take traffic school? I will appreciate your guidance. Thank you so much for your replies in advance.
The ticket says

Law Section: 22-2/46.2-878
20+ mph over limit
 
Last edited:


If it's not in your ticket instructions, call the court and ask, or try the court's website.
The officer said the judge will decide everything. I begged the officer to help me get the traffic school. He just said that he will tell the judge that I was nice and polite. That's it. This ticket over 20 mph. Traffic school is for upto 19 mph over the limit. I hope judge will have mercy and give me traffic school. I learnt my lesson. I will drive slow in future
 

FlyingRon

Senior Member
If you were charged with Reckless Driving (as they well could in this circumstance), you'd best contact an attorney. It's possible that it could get reduced to a non-criminal violation or dismissed outright in favor of VADIP or other traffic school. There's NO automatic right. It cost my wife about $450 to an attorney down in Montgomery County to get out of hers (she ended up in the VASAP-sponsored class). You need a lawyer familiar with the particular court to know what the options are, it's not uniform. The judges do have the right to reduce it down to improper driving (which is non-criminal). Often you can negotiate this with the commonwealth's attorney right before the trial, but I'd still not risk it without an attorney unless you knew what flies in the court you're cited.

If you are charged with reckless driving, unless the commonwealth is waiving the option of jail time (which is done in some of the "speed trap" jurisdictions), you must appear. You could go to jail, and in fact, some GDC judges love to do that. It's almost a certainty in some situations that don't apply to you (racing, over 100,etc...).

If you were charged with regular speeding, you have the option to appear or not. You can ask the judge if they'll waive the charge in light of VADIP, but that seems to be falling out of favor. You can take VADIP after the fact to ease the point impact (though your insurer will see the offense).

Your VA Code reference makes no sense. That's not an offense you cited. Is it possibly 46.2-862 OR 868?
 
If you were charged with Reckless Driving (as they well could in this circumstance), you'd best contact an attorney. It's possible that it could get reduced to a non-criminal violation or dismissed outright in favor of VADIP or other traffic school. There's NO automatic right. It cost my wife about $450 to an attorney down in Montgomery County to get out of hers (she ended up in the VASAP-sponsored class). You need a lawyer familiar with the particular court to know what the options are, it's not uniform. The judges do have the right to reduce it down to improper driving (which is non-criminal). Often you can negotiate this with the commonwealth's attorney right before the trial, but I'd still not risk it without an attorney unless you knew what flies in the court you're cited.

If you are charged with reckless driving, unless the commonwealth is waiving the option of jail time (which is done in some of the "speed trap" jurisdictions), you must appear. You could go to jail, and in fact, some GDC judges love to do that. It's almost a certainty in some situations that don't apply to you (racing, over 100,etc...).

If you were charged with regular speeding, you have the option to appear or not. You can ask the judge if they'll waive the charge in light of VADIP, but that seems to be falling out of favor. You can take VADIP after the fact to ease the point impact (though your insurer will see the offense).

Your VA Code reference makes no sense. That's not an offense you cited. Is it possibly 46.2-862 OR 868?
I am not charged with reckless driving. That code is exactly what is on the ticket.
 

FlyingRon

Senior Member
Well, your options are then:
Pay the ticket (possibly do VADIP to get the points back).
Show up in court and ask the judge if you can get deferral for VADIP.
Show up in court and take your chances.
Understand that at over 20MPH, the cop already gave you a break by not charging you with reckless.

Up in Loudoun County, I was able to get VADIP the first time. The second time a decade later, they said no way, but they did waive the fine (but not the costs). In Fairfax, the GDP judges are a bit more hardassed. I wasn't even able to get some consideration on an inspection ticket that I had proof that I had complied with the inspection the same day.

If you absolutely want a clean record, a lawyer is still the best idea.
If you want to take your chances, you might visit a few court sessions in advance of yours and see what the judge's tendencies are.
 
Well, your options are then:
Pay the ticket (possibly do VADIP to get the points back).
Show up in court and ask the judge if you can get deferral for VADIP.
Show up in court and take your chances.
Understand that at over 20MPH, the cop already gave you a break by not charging you with reckless.

Up in Loudoun County, I was able to get VADIP the first time. The second time a decade later, they said no way, but they did waive the fine (but not the costs). In Fairfax, the GDP judges are a bit more hardassed. I wasn't even able to get some consideration on an inspection ticket that I had proof that I had complied with the inspection the same day.

If you absolutely want a clean record, a lawyer is still the best idea.
If you want to take your chances, you might visit a few court sessions in advance of yours and see what the judge's tendencies are.
Ok sir, I will hire a lawyer on Monday. Like I said, I am not a habitual traffic law offender. It just happened. I was being stupid and absent-minded. I learnt my lesson. Thank you once again
 

FlyingRon

Senior Member
$400-450 is pretty much the stock one court appearance fee for traffic issues. It's what they charged my wife.

You have plenty of choice. A speeding ticket isn't the end of the world. But the fine/costs could run $500 or so anyhow, so if he can get that waived you might still come out ahead (and if he gets you off, you'll avoid a potential 40% or so hike in your auto insurance). The insurance comment is a ballpark. Virginia doesn't mandate a surcharge like some other states. But that's the number from my insurance's schedule.
 
$400-450 is pretty much the stock one court appearance fee for traffic issues. It's what they charged my wife.

You have plenty of choice. A speeding ticket isn't the end of the world. But the fine/costs could run $500 or so anyhow, so if he can get that waived you might still come out ahead (and if he gets you off, you'll avoid a potential 40% or so hike in your auto insurance). The insurance comment is a ballpark. Virginia doesn't mandate a surcharge like some other states. But that's the number from my insurance's schedule.
You are right. I am also in the processing of obtaining my CDL. This ticket will ruin everything. I will do anything to keep it off my record. The lawyer gave me assurance after I sent him my clean abstracts from multiple states. Thanks again
 
@FlyingRon Sir, the VA code that I found online is
46.2-878
But officer has written this
22-2/46.2-878

Could this mean he has put a wrong code deliberately so that the clerk in the court dismisses the ticket before it even reaches the judge? A friend suggested this, it happened in his case.
Your thoughts.
Thank you!
 

FlyingRon

Senior Member
Probalby not. He just gave you a break by not writing you up for reckless. 878 just says munis can set speed limits, so I guess its as good as any. Even if he just wrote "speeding" on it, you'd be found guilty.
 
Probalby not. He just gave you a break by not writing you up for reckless. 878 just says munis can set speed limits, so I guess its as good as any. Even if he just wrote "speeding" on it, you'd be found guilty.
He has put "speeding 20+ mph" clearly. Thanks for the lawyer idea. I am feeling pretty bad and guilty. Wish me luck. I learnt my lesson as I said before.

By the way, what would have happened if it was a recklace ticket? He would have arrested me?
 

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