Virginia  |  Traffic Law

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11/09/09, 11:26 am

Legal Question


I got a ticket for doing 80 in a 65 on I-81 in Smyth County Virginia. I have NC tags and I am aware that this is a notorious stretch of road for "trapping" out of state drivers. In fact, on my court date, every single traffic offense involves an out of state driver. I am certain that I was not doing 80, but I readily admit that I was doing 70-72. I want to fight the ticket out of general principal but word is that hiring an attorney in Smyth County as an out of state defendent is just stroking the system even more. Should I just pay the ticket and swallow the increased insurance costs?


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11/14/09, 12:38 pm

Legal Answer


You could appear on your own to contest the matter after consulting with a Virginia lawyer who handles traffic matters who could, perhaps, advise as to any defenses that you might raise, or, if you cannot appear in person, then you could write to the clerk of the traffic court to request that you be tried in your absence with your account of any mitigating evidence that might convince the trier of fact(the judge) that you're only guilty of a lesser speeding offense.

Michael E. Hendrickson

Attorney & Counsellor at Law 211 North Union Street Suite 100 Alexandria, 22314

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