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Old 01-28-2007, 03:40 PM
 
23 posts, read 119,963 times
Reputation: 36

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It was a beautiful, sunny day, and I was heading from NC to MD for my sister's bridal shower. After a totally clean driving record for 30 years, I was pulled over for going 90 in a 65 zone. I live in NC and got the ticket in VA and the officer said I had to appear in court. Any advice from anyone who has been there and done that? Should I hire a lawyer, or just plead guilty?
I'd appreciate any help or advice.
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Old 01-28-2007, 03:52 PM
 
12 posts, read 58,971 times
Reputation: 16
Hi,

I got one of those tickets too, about 20 years ago. I paid it and suffered the consequences with the cost of the ticket and the increase in insurance costs. Maybe someone else will have a better suggestion. Good luck to you and God Bless You,

Pamela
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Old 01-29-2007, 05:35 AM
 
97 posts, read 616,434 times
Reputation: 58
Default a good lawyer is worth it

I had a friend go to court a few weeks back for the same thing and she didn't go with a lawyer. The judge told her that it is a jailable offense and to come back with a lawyer. I am in no way a professional when it comes to court proceedings but I know I would have one in your case. Good luck
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Old 01-29-2007, 09:39 AM
 
Location: Gainesville, VA
566 posts, read 2,985,786 times
Reputation: 152
There is no doubt you should get a lawyer and be prepared to pay a very stiff fine.
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Old 01-29-2007, 10:51 AM
 
Location: hinesburg, vt
1,574 posts, read 4,858,183 times
Reputation: 406
Speeding violations fall under what is termed strict liability meaning that the state needs only prove that you were exceeding the limit or in some cases you may be cited for due care to fast for conditions. The radar units are accurate and if the officer is experienced and maintins a tracking history the odds of proving the citation was issued in error are pretty slim. Some states will allow a driver with a clean record to take a defensive driving class and upon completion the violation is expunged. I have no idea what the Va traffic courts do and don't do, but if you were in fact going 25mph over the limit the reasons would be irrevalant (eg had to go to the bathroom, not paying attention, my speedometer doesn't work, my tires are a different size, etc, etc), again the strict liability feature. Without knowing the full circumstances and details involved it is impossible to give advice. For some it is just better to pay the ticket and be done with it and of course for some having an attorney would be wise. I would at the very least contact the traffic court in the jurisdiction and inquire if they offer driver improvement benefits. A state I formerly lived and worked in did and it allowed many with otherwise good records to limit their fines and points. The word criminal in traffic cases only applied to reckless and DUI type offenses, not just pure speeding. Good luck.
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Old 01-30-2007, 07:09 PM
 
23 posts, read 119,963 times
Reputation: 36
Thank you all for your input. I have contacted a lawyer as I have no experience with the court system and need all the help I can get. Hopefully since this is my first offense, the court will take into consideration the many
years of safe driving I have had. Thanks again.
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Old 02-01-2007, 04:20 AM
 
2,179 posts, read 7,377,592 times
Reputation: 1723
truely the court doesnt care about your perfect record, and you are from out of state , think about the money spent on a lawyer,or the time it would take for you to spend in va for motel food etc, so as to attend traffic school.
i would talk to the clerk of courts and talk to a lawyer but they make their money by going to court so, i think it would be cheaper to just cop a plea and pay the fine, the judge may after hearing your good driving record make the fine lower , itsjust roll the dice and see.
i havent had much luck finding any mercy from a traffic judge while living in va.over the last 20 years
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Old 02-01-2007, 06:58 AM
 
2,179 posts, read 7,377,592 times
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http://www.smartmoney.com/dealofthed...s&ibshatkey=gs
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Old 02-01-2007, 10:33 AM
 
Location: NOVA - retiring to OKlahoma
569 posts, read 1,229,528 times
Reputation: 368
Default Keep the Lawyer!

Keep the lawyer!! 25MPH over the limit is considered reckless driving in VA and the Trooper/Officer could have arrested you on the spot.
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Old 02-02-2007, 08:50 AM
 
91 posts, read 374,690 times
Reputation: 56
See if you can't file a continuance.

I did that when I was in the military. I got a ticket going 85 in a 65 on I64W near Charlottesville.

Problem was, I had to miss my court date because I was in the military and I was going to be out to sea at that time.

State Troopers only go to court one day a month. So if you file a continuance, chances are, the trooper won't be there when they reschedule it.

As it happened, I showed up and looked at the docket... the Trooper could have shown up, but he would have only been doing it for me. He wouldn't have had any other cases to be there for.

He wasn't... I pleaded "Not guilty".... he wasn't there to argue otherwise.... so the judge told me to "have a nice day" and charges were dismissed.

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