Legal Question in Traffic Law in Virginia

Question about first traffic offense

Hello all, and thanks in advance for the assistance.

This is my first traffic offense, and I have been driving for 11 years. That being said, I would like to keep my record clean. I typically drive 2-3 miles over the speed limit to stay with the flow of traffic. Unfortunately, it got me in trouble this time. I received a ticket for 13 over (73 in a 60) on I-85. Apparently there is a 10 mile stretch where the speed limit drops from 70 to 60 mph, of which I was unaware.

My question is this, is there any way to have this not go on my record? At the time of the incident (2 months ago), I was a resident of NC. I am now a resident of DC with a new drivers license. My current line of employ is such that a solid background is critical. The courthouse is 150 miles away, but if I have to make the trip, I can.

Please tell me there is some leeway when it comes to your first offense.

Law section: 14-3/46.2-878

Thanks,

-jmk


Asked on 1/26/09, 5:22 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Question about first traffic offense

Yes, in return for your plea of guilty, you (or the attorney representing you) should be able to get this speeding infraction reduced from 73mph to 59mph based upon the mitigating circumstance which you've described.

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Answered on 1/26/09, 6:15 pm
Jonathon Moseley Moseley & Associates Law Firm

Re: Question about first traffic offense

Well, for sure there is nothing you can do (other than just pay it and admit it and take the hit on your record) without going there, or at least hiring a local attorney to cover for you (which might not work without you being there).

It is probably unlikely that you can completely escape any ticket on your record, but you can negotiate a reduced ticket, as Mr. Hendrickson states.

Based on your otherwise clean record, this is very likely. (Get a print out of your record, which might be hard if you have to get it from NC. You may have to request it by mail.

To get no record at all you would either have to get very lucky and the trooper fails to show up that day or fight it with a full trial and win, which is possible but not likely.

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Answered on 1/26/09, 6:33 pm


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