Legal Question in Traffic Law in Virginia

I received a ticket for going 58 in a 35 mph school zone. The regular speed limit on the road was 55, and there was a school zone sign stating 35mph speed limit when flashing. I did not notice the sign flashing, but I have not been able to obtain proof it was not. I did not see any buses, cars or children or any indication to slow down. When I got home I checked the web site for that county and sure enough that day was a student holiday. The schools had parent/teacher conferences in the morning, but nobody was there in the afternoon when I got the ticket (except the deputy and his radar gun). The deputy had threated that he could charge me with reckless driving, but only charged me with speeding. Do I try to fight this ticket? I'd try, but I'm afraid if the judge was in a bad mood he might decide to charge me with reckless driving after all which would be far worse than the speeding ticket. This happened in Orange County, VA.


Asked on 4/10/11, 1:00 pm

2 Answers from Attorneys
Erin Ranney Erin L. T. Ranney, PLLC

The judge cannot make the ticket worse - in other words "amend up". He can find you guilty of what you are charged with. That being said, if you don't fight it, you know exactly what will happen. But if you do, it could come out better. An attorney can help you make that decision.

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Answered on 4/10/11, 1:07 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, by all means, contest it.

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Answered on 4/13/11, 7:49 am


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