Legal Question in Traffic Law in Virginia

Found guilty of speeding in my absence?

I got a speeding ticket in september, 62 in a 45. I was only on the 45 road for a few hundred yards, in which there is only one speed limit sign, blocked by a transformer, and no parking signs. (I have 8x10 prints that show this.) anyway, it was the end of the month, and I was driving a new car (I work at a car dealership, on an hourly wage - the car was not mine, had dealer plates) so i got a ticket. the arlington court scheduled me for a tues, which I called and changed, since I have 7 hours of class on tues. The date was changed to another tues, in dec., during my last week of classes. (not a good time)

so I called and asked to change it again, and the woman said it may not go through, the judge may deny me, but my reason (exams) was valid. I call back to find out that the judge found me guilty in my absence. She wasnt sure if my reason had been given to the judge, or if he had just called my name and I wasnt there to respond. At this point, is there any recourse for me? I am assuming there is no appeal at this level, since it is minor. Is the judges name and address public knowledge? I will definitely send him a scathing letter; I think he acted in an irresponsible fashion. Is there anything else I can do?


Asked on 12/04/02, 12:18 pm

1 Answer from Attorneys
Patrick Stiehm Stiehm Law Office

Re: Found guilty of speeding in my absence?

You have asked several questions.

1. At this point, is there any recourse for me? I am assuming there is no appeal at this level, since it is minor.

You have ten days to appeal and if you successfully appeal you get a new trail in Circuit Court. (You may have to post a bond.)

2. Is the judges name and address public knowledge?

You should be able to get the Judges's name from the clerk and his address would be the court house, assuming he was not a visiting judge, on assignment for the day.

3. I will definitely send him a scathing letter; I think he acted in an irresponsible fashion.

This is a very bad idea. It will not help you in any way and may hurt you.

Good luck.

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Answered on 12/04/02, 1:46 pm


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