Legal Question in Traffic Law in Virginia

Re: Speeding ticket 43/15

Your son had best call(or visit) the clerk of the traffic court which is handling the matter in order to verify the precise nature of the charge, i.e., whether it's a speeding infraction which your son can pay by mail or whether in fact it's reckless driving, a crime as well as jailable offense which the Commonwealth classifies as a Class 1 misdemeanor. If the former, your son could appear for his scheduled hearing and explain the circumstances to the prosecutor assigned to his case and probably get

get the speeding charge reduced to something around 30 mph or he might want to just pay the infraction by mail.

However, if in fact your son has actually been charged with reckless driving, he should have an attorney to represent him for reasons which should be obvious from the aforementioned description of this particular charge.

Note: Sec. 46.2-862 0f the Virginia traffic code does specify that speed in excess of 20 mph where the posted limit is 30 mph or less is chargeable as reckless driving.

Re: Speeding ticket 43/15

DO NOT admit to going 20 miles over the posted

speed, because this will cost him 6 points on

his license and have a more serious impact on

his insurance. He should admit that he was

probably going 25 to 30, and explain the situation.

If he is not clearly charged on the ticket with

reckless driving, then he is not (cannot) be

facing reckless driving. It is very important

to look very carefully at the ticket, and

perhaps look up any code section to be sure.

Reckless driving is a CRIME, a misdemeanor,

and is extremely serious. So you should be sure.

However, under the circumstances, if he goes

to Loudoun County traffic court in Leesburg

and pleads guilty to perhaps 30, and explains

that the moment he saw a sign at 15, he slowed

down to match the posted speed, the judge might

very well reduce the ticket to only 30 or drop

it altogether.

Generally, speaking it is NOT a good idea to

plead guilty or no contest. Even if the judge

wants to give you a break, really the judge CANNOT

knock the charge down once you have admitted it.

Therefore it is better to offer to plead guilty

to something smaller, and explain.

There are different categories in Virginia for

both the seriousness of a ticket and the number

of points. So 10 miles over the speed is less

serious than 11-19 miles over the speed, and

20+ over is far more serious.

Even if the charge is not reckless driving, if

the speed is 20+, just on a ticket, the DMV

will deduct 6 points and these will stay for

many years on his record.