QUESTION

First Speeding Ticket, Please Help!

Asked on Aug 16th, 2014 on Traffic Violations - Virginia
More details to this question:
I received my first speeding ticket today. I was clocked in at 55mph on a local 35mph zone, but the officer recorded the offense as speeding (law section 46.2.878) instead of treating it as reckless driving. I know that he has done me a favor by marking it down to speeding, but I'm still afraid of the cost I have to face with the ticket fee and insurance fee. I'm 18 years old and got my license just 4 months ago, so I know that the insurance (under my parent's) is going to go up a lot. Because the demerit point is 6, another ticket within 5 years would be detrimental to both my wallet and my driving record. I learned that I can take 8hrs driving improvement clinic, and will do so after I receive paperwork from the court. I admit my faults, but since I have to pay the court fee anyways should I go to court and try to talk my way into it? If so, what should my defense be? Also what other things could I do to further reduce damage? Thank you so much in advance.
Report Abuse

1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
You are right that you are already fortunate that the officer did not charge you with reckless driving, as they can do when you are driving 20 or more miles-per-hour above the speed limit.  Maybe because you were right on the cusp, they knew that you could probably get that reduced to simple speeding anyway.  It is possible to make a deal with the prosecutor ahead of time to stipulate to a lower MPH in order to lower the number of points you will get on your record, but it depends on the prosecutor and some of them won't even talk to you, if you don't have a lawyer.  That's one advantage to having a lawyer - they can talk to the prosecutor ahead of time and work out a deal for you.   Another thing you can do is have your speedometer calibrated and bring proof of that to court with you. It is not unusual for speedometers to be slightly off and the court can take this into account, if you did not actually know how fast you were going.  It doesn't cost much to have that done. You seem to already have an understanding about taking a driver improvement course to reduce your negative points and build back up your positive points, the main thing here being to take after the points are deducted from your record. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.     
Answered on Aug 16th, 2014 at 9:11 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters