Legal Question in Traffic Law in Virginia

I received an answer to speak with the prosecutor prior to court to get speed reduced . I was ticketed 40mph in 25mph. Law section 82: 4-10. Is this an infraction or misdemeanor. I thought going to traffic court there would be no prosecutor only the judge and traffic cop. This was in fairfax county

Asked on 1/29/12, 9:38 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Speed charges in Virginia are normally considered traffic infractions rather

than criminal misdemeanor offenses unless the speed is 20+ above the

posted limit or in excess of 80mph.

Some traffic courts in the Commonwealth like Fairfax choose to dispose

of most of their traffic infraction cases with only a cop and no prosecutor and with the cop usually empowered to make the same agreement/disposition with the defendant that the latter could make with a prosecutor which then is presented to a judge for final approval and entry.

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Answered on 1/29/12, 10:52 am

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