Legal Question in Traffic Law in Virginia

Wrong Race

I got a speeding ticket on RT7100. The officer put down my race as White but I'm not. Is it possible to fight to dismiss the ticket? Thannks


Asked on 9/25/06, 10:04 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Wrong Race

No, that kind of mistake(which probably resulted from the officer checking the wrong box and can easily be amended by the prosecutor) would not justify a dismissal of the charge.

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Answered on 10/02/06, 7:28 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Wrong Race

This mistake might help you, but not in the way you might think. Certainly it doesn't help the cop's credibility to write down that black is white, but try explaining how your name and driver's license number found its way onto the ticket? What, you would maybe claim that somebody else was driving your car and carrying your license?

Depending on how fast you were going, you might have success pleading guilty with an explanation. Not too long ago I sat in Fairfax County traffic court waiting for my client's case to be called. Most of the speeders who weren't going really fast were able to get a break by providing some type of explanation and/or apology. I was very surprised to observe that white accused traffic offenders were much more likely to get a break this way than nonwhite ones. I can't seriously recommend the following illegal course of action to you, but it crosses my mischievous mind that maybe if somebody white got up, said they were you, and made an explanation....

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Answered on 9/26/06, 12:49 am


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