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  1. #1
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    Default Speeding ticket in VA

    Should I fight it? Will going to traffic court help if I just go (it usually does in Maryland) or do I have to hire one of the ambulance chasers who've been sending me letters since I got the ticket?

    The fine is the fine, I was speeding, I'll pay it, but I don't want the points. Any words of wisdom?
    Holy crap, how does Darwin keep missing you? ~Lauruffian



  2. #2
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    Oct. 12, 2005
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    Va
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    Driving school If you complete driving school before the court date you might avoid the points.



  3. #3
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    Feb. 28, 2011
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    I lived in VA for 8 years. I got 3 speeding tickets. The second one I went to court and asked that they let me go to driving school (one day) and dismiss the ticket (BE NICE). They did so only two went on my record. VA sucks for speeding tickets. I drove in NJ for 20 years and never got a ticket.



  4. #4
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    Oct. 30, 2013
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    If it was Fairfax county, it's probably not worth it. I got a ticket there last summer and did some research to see if it would be worth it and it seemed like the answer was NO. I would have had to take a day off work and drive into Fairfax. The good news is that the points don't actually appear on your MD license, if that's what you have. A note of the ticket will be made on your record but the points will not appear unless it was really, really bad (like reckless driving).



  5. #5
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    Dec. 27, 2013
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    PA
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    That depends. Are you licensed in VA or out of state? VA has a reputation for throwing the book at out of state drivers.



  6. #6
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    Aug. 15, 2008
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    Quote Originally Posted by axl View Post
    Any words of wisdom?
    Don't speed.
    "Aye God, Woodrow..."


    5 members found this post helpful.

  7. #7
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    Feb. 4, 2004
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    I have been to VA traffic court and in general I think it helps if you have time to sit through it. They offer traffic school to most 1st offenders who are not a reckless.

    The first time I went they threw out my ticket entirely (it was kind of a BS "improper merge" ticket) and the 2nd time they gave me traffic school, no fine or points for 38 in a 25. I did the traffic school online.

    I did notice a lot of people with more serious charges (reckless, accidents, DUI, etc.) had lawyers.



  8. #8
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    Apr. 20, 2013
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    Is this your first ticket in over 3 years? I was/am a chronic speeder. So are 75% of the people around me. What age has taught me is to never lead the pack and run with a really god radar detector. Now, for your situation, you run a risk of showing up without a lawyer. I have had lawyers take care of tickets (it has been over 25 years ago!) but never had anything dismissed in court. You are basically asking if going to court and pleading it down will work. I would say 99% of the time, no. But you stand a chance if it is your first ticket.


    1 members found this post helpful.

  9. #9
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    Feb. 23, 2005
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    Quote Originally Posted by CindyCRNA View Post
    Is this your first ticket in over 3 years? I was/am a chronic speeder. So are 75% of the people around me. What age has taught me is to never lead the pack and run with a really god radar detector. Now, for your situation, you run a risk of showing up without a lawyer. I have had lawyers take care of tickets (it has been over 25 years ago!) but never had anything dismissed in court. You are basically asking if going to court and pleading it down will work. I would say 99% of the time, no. But you stand a chance if it is your first ticket.
    § 46.2-1079. Radar detectors; demerit points not to be awarded.
    A. It shall be unlawful for any person to operate a motor vehicle on the highways of the Commonwealth when such vehicle is equipped with any device or mechanism, passive or active, to detect or purposefully interfere with or diminish the measurement capabilities of any radar, laser, or other device or mechanism employed by law-enforcement personnel to measure the speed of motor vehicles on the highways of the Commonwealth for law-enforcement purposes. It shall be unlawful to use any such device or mechanism on any such motor vehicle on the highways. It shall be unlawful to sell any such device or mechanism in the Commonwealth. However, provisions of this section shall not apply to any receiver of radio waves utilized for lawful purposes to receive any signal from a frequency lawfully licensed by any state or federal agency.
    This section shall not be construed to authorize the forfeiture to the Commonwealth of any such device or mechanism. Any such device or mechanism may be taken by the arresting officer if needed as evidence, and, when no longer needed, shall be returned to the person charged with a violation of this section, or at that person's request, and his expense, mailed to an address specified by him. Any unclaimed devices may be destroyed on court order after six months have elapsed from the final date for filing an appeal
    I wasn't always a Smurf
    Penmerryl's Sophie RIDSH
    "I ain't as good as I once was but I'm as good once as I ever was"
    The ignore list is my friend. It takes 2 to argue.


    1 members found this post helpful.

  10. #10
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    Quote Originally Posted by carolprudm View Post
    § 46.2-1079. Radar detectors; demerit points not to be awarded.
    A. It shall be unlawful for any person to operate a motor vehicle on the highways of the Commonwealth when such vehicle is equipped with any device or mechanism, passive or active, to detect or purposefully interfere with or diminish the measurement capabilities of any radar, laser, or other device or mechanism employed by law-enforcement personnel to measure the speed of motor vehicles on the highways of the Commonwealth for law-enforcement purposes. It shall be unlawful to use any such device or mechanism on any such motor vehicle on the highways. It shall be unlawful to sell any such device or mechanism in the Commonwealth. However, provisions of this section shall not apply to any receiver of radio waves utilized for lawful purposes to receive any signal from a frequency lawfully licensed by any state or federal agency.
    This section shall not be construed to authorize the forfeiture to the Commonwealth of any such device or mechanism. Any such device or mechanism may be taken by the arresting officer if needed as evidence, and, when no longer needed, shall be returned to the person charged with a violation of this section, or at that person's request, and his expense, mailed to an address specified by him. Any unclaimed devices may be destroyed on court order after six months have elapsed from the final date for filing an appeal
    I stand corrected. Radar detectors are illegal in DC and VA.



  11. #11
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    Oct. 30, 2008
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    Coming back to NC from WEG in 2010, the lady I was riding with got pulled (outside of Wytheville). She was mid-50s and it was her first ticket. I was 30ish and I'd had a couple previously. She did get an attorney---cost her ~$250 IIRC---and her ticket was dropped to improper equipment and no points. She had wanted to just pay the ticket, but when she calculated the increase in insurance (VA talks to NC) from the points, it would have cost her more in the long-term for the fine plus the points.

    I'd always get the attorney. But that's just me. YMMV.
    Flip a coin. It's not what side lands that matters, but what side you were hoping for when the coin was still in the air.

    You call it boxed wine. I call it carboardeaux.



  12. #12
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    Feb. 3, 2000
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    I have done it all three ways in VA

    Just pay the ticket
    Go to court on my own
    Hire a lawyer to go to court for me.

    It very much depends on the particular court and judge.

    Some will let you plead "guilty with an explanation". Some won't.

    Some will encorage you to speak to the Commonwealth Attorney before the session starts (which is where you trade taking the course for a lesser charge. Others want to do that IN court

    In some courts you are better off taking the course BEFORE your court date as a demonstration that you take it seriously and are trying to "do better".

    In some courts it really helps to have your speedometer calibrated, even if the results don't show an incorrect speedometer.

    And so on.

    At a minimum, it is probably worth at least talking to a lawyer who works with THAT court for genertic advice.
    Janet

    chief feeder and mucker for Music, Spy, Belle and Tiara. Someone else is now feeding and mucking for Chief and Brain (both foxhunting now).



  13. #13
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    Quote Originally Posted by CindyCRNA View Post
    I stand corrected. Radar detectors are illegal in DC and VA.
    Very definitely.
    I spent 6 hours in jail for that once.
    Janet

    chief feeder and mucker for Music, Spy, Belle and Tiara. Someone else is now feeding and mucking for Chief and Brain (both foxhunting now).



  14. #14
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    I bet that was a story, Janet.
    Also, look at the ticket for ANY typos. If it's incorrect in any way, it can get thrown out. I would lawyer up if the $250 outweighs the higher insurance. Otherwise, go to court and act nicely.
    Even duct tape can't fix stupid



  15. #15
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    I'm licensed in NC now, and I haven't had a ticket in years. I was driving home from Maryland and really just following a line of 4-5 cars, matching their speed. I've always been taught that that's the best/safest plan for distance driving. I think he picked me because I was last in line (first he caught up to) and I had out of state tags. I was going more than 10 over, so it's reckless driving, which is what I want to avoid having on my record.

    MD has historically been pretty easy on people I know if they go in with a respectful attitude and a not-too-unbelievable explanation. I have a bad feeling about Virginia, though. Thanks for the comments, I suppose I'd better open some of the 18 lawyer solicitations I've received
    Holy crap, how does Darwin keep missing you? ~Lauruffian



  16. #16
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    Oct. 30, 2008
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    Since you are licensed in NC, you absolutely want to lawyer up. The two states do talk to each other and you will get points. I'm sorry!
    Flip a coin. It's not what side lands that matters, but what side you were hoping for when the coin was still in the air.

    You call it boxed wine. I call it carboardeaux.



  17. #17
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    Sep. 8, 2011
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    I want to hear Janet's jail story... were PWC's finest involved? Dooooo tell!!

    axl, about 4 years ago I got two tickets in Virginia within a few months of each other. The first one was for 32 in a 25 in a local speed trap I should have known and remembered, but the second I was 10+ over and had to fight it. Just by showing up, and especially if your record is clean otherwise, you will likely get a reduction. If the officer doesn't show, it may get dismissed entirely. I went and the officer did show up, but I was polite and told the judge I seemed to have developed a lead foot and was voluntarily taking the online driving courses. He reduced the ticket to a fine-only one and yes, I did take the course and haven't had a ticket since.



  18. #18
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    Aug. 9, 2007
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    It's nice to know that VA has not changed since I went to college there many decades ago. We were told NOT to speed in VA. I also learned from people that NM and NC were both tough on speeders back then. (Ben Afleck, who owns a house here on the GA coast, was caught speeding here in Savannah at about 125 mph and got a ticket. ) If you go to court and ask the solicitor/prosecutor to reduce the speed amt, and pay a fine, he/she will probably do it. I was always guilty every time I got caught speeding, but only got 3 tickets. I did get a lot of warning tickets. I always drove fast but carefully, and I always confessed when I was pulled over. But I never sped in VA or NM or NC.
    Oh and in college, my boyfriend was coming home from Prinecton and got stopped for speeding in NC. He couldn't reach his parents, and they wouldn't take a check, so he spent the night in a tiny jail. In the morning, they served him cold grits. he finally reached his parents was was cut loose with a fine. Mayberry, it wasn't.



  19. #19
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    Aug. 24, 2009
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    Virginia is ridiculous about speeding. I am the very opposite of a chronic speeder - have never been stopped, let alone ticketed, in almost twenty years of driving in TX, MD, MO, etc - including driving thousands of miles in several cross country moves! But I have managed to receive one ticket and one warning, both in Virginia. And one of them (the ticket) was for going 5 mph over the limit, on a highway. The officer asked if I had ever received a ticket before, and when I said no, replied, "Well, now you have." I'm from Maryland and definitely have heard many 'went to court, got it dismissed/no points' stories from tons of people - VA doesn't seem to work like that.

    All this to say, you are not alone, and best of luck fighting with them about it. I was so mortified that I paid the ticket, and now that we live in VA again, I drive REALLY SLOWLY (ie, the speed limit) ALL THE TIME.



  20. #20
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    Feb. 3, 2000
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    Nokesville, VA
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    Quote Originally Posted by BarbaricYawp View Post
    I want to hear Janet's jail story... were PWC's finest involved? Dooooo tell!!
    This was between 35 and 40 years ago.

    I had a a New York drivers license (and primary residence) but was going to grad school at UNC in Chapel Hill
    It was the end of the school year, and I needed to move my "stuff" back to NY for the summer (had a summer job in NY. So my father and I met (at Summit Pt, WV) and traded vehicles. He took my small car, and I took the big red Ford van (with 2 racing motorcycles in the back) to go back to NC and load up my "stuff".

    The Ford van had a radar detector in it (which my father, who invented one of the components) had tried to "improve", with the result that it did not work at all. It was a black box, about 6"x4"x1" that sat on top of the dash.

    In those days, there was absolutely NO notification that radar detectors were illegal in VA.

    I got off I95 at US 1 on the south side of Fredericksburg. Then, as now, Fredericksburg was often a "local minimum" for gas prices. I was getting ready to get back in I95 (driving WELL below the speed limit) when the bubble gum machine lit up behind me. I had NO idea what I was being pulled over for.

    He said I was bieng stopped for the radar detector. I told him it was turned off, and didn't work. He said that didn't matter. It is a misdemeanor, not a traffic violation.

    When he saw I had a New York drivers license, he said I had to post $200 bond because Virgina and New York do not have "reciprosity", and they had no way to ensure that I would pay the fine or show up in court. I had $60 (which was enough to get me back to Chapel Hill). He wouldn't take a check. I didn't have a credit card (in those days students didn't have credit cards), and they would not have taken it even if I did.

    I had to follow him to a local car repair place, where the (pretty scruffy looking) proprieter was a Justice of the Peace, and he officially arrested me. I had to leqve the van there, and he took me in the police car to the local jail.

    I insisted that he show me where in the code book it said radar detectors are illegal - which he did. I believed that it was unconstitutionally vague, expecially the clause that said that the device did not have to be "operating or operable" (they have changed the wording since then).

    Anyway, the officer took me to jail until I could come up with $200. I made my "one phone call" to my father, who said he would send the money via Western Union (which they WOULD accept). He had a bit iof a Chinese fire drill at his end, as the Western Union office had moved from the location listed in the phone book, and he got to the new location minutes before they closed.

    They took my handbag and watch away from me, patted me down, and put me in a holding cell. A little later they brought me lunch. which was spagetti and meatbalsls (LOTS of spagetti, not much sauce, one tiny meatball) and a piece of very sweet lemon cake.

    I was bored stiff. When they brought lunch I begged "something to read - ANYTHING" (I had several books I was reading in the van, but of course I had not thought to grab them.)

    They came back with two copies of "True Confessions", belonging to the famale warden, who was not there for some reason.
    I read them
    cover to cover - including all the ads
    TWICE
    before the money showed up.

    Then they just gave me back my watch and handbag, and let me out the door. I had to hitch back to where the van was.

    I did go to court to fight it, and did get my case dismissed, though not for the reasons I argued. The law at that time allowed them to confiscate the radar detector. Another case, under appeal at the time, eventually had the confiscation declared unconstitutional, which led to my case being dismissed as well.
    Janet

    chief feeder and mucker for Music, Spy, Belle and Tiara. Someone else is now feeding and mucking for Chief and Brain (both foxhunting now).



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