Traffic Ticket in Court Question (Fairfax: insurance, lawyer, high school)

[Hudlander]

I am scheduled for court to contest my ticket.
I got it for going 19 over in a 35 zone.

Now, what makes most sense.
Do you think I'd be best pleading guilty from the outset and asking the judge for mercy in a reduced fine or offense?
Do you think I should plead not guilty and see if they still pursue or drop the case (I have heard of this before where a guilty person pleads to not guilty and they cop does not forward)?
If they do pursue should I then simply tell the change I have changed my mind, take responsibility, but ask for a reduced charge or fine?

I am on a budget and am concerned not only about the ticket fee but also insurances costs. I have not had a ticket since 2004.

[boyd888]

Pleading not guilty is not going to make the officer drop the case - no idea where that thought came from.

You can plead guilty or no contest and ask for traffic school or ask for leniency and you will get something like 9 over instead of 19 over. If there is a prosecutor available that day to make deals with people (depends on the court) you can make a deal with him before going to the judge.

Obviously in the future you will want to consider driving slower as 54 in a 35 zone is pretty high.

[ChristineVA]

It has been my experience that Virginia doesn't offer much leniency, if any, for tickets. Totally different experience in Maryland where you do to court, plead guilty, they double your fine and drop the points.

I've never known anyone who got their points or fines reduced in Virginia (doesn't mean it hasn't happened). The only time I've known someone to get some sort of leniency is when they have a reckless driving charge, yet a good record, and they hire a lawyer.

[CaliTerp07]

Originally Posted by ChristineVA

I've never known anyone who got their points or fines reduced in Virginia (doesn't mean it hasn't happened). The only time I've known someone to get some sort of leniency is when they have a reckless driving charge, yet a good record, and they hire a lawyer.

This.

I "hired" a lawyer (okay, she was my friend from college!) to represent me last summer in my first ever speeding ticket of my life. 10 years of a squeaky clean driving record, and the judge barely flinched. Still ended up with the same points, still ended up with the same fine. The only difference is the points will disappear after 3 years instead of 5 (they changed it from a speeding ticket to "failure to yield right of way" or something like that).

FWIW, my lawyer friend said it really depends on who the judge and/or the person she negotiated with ahead of time (prosecuter?) is that day. Some of them are nicer than others. Some are real sticklers. If you get a stickler, you're not getting anything w/o a lawyer.

[Bigfoot424]

You are speaking from very little experience so it's not very accurate info. I bet I saw hundreds of traffic charges reduced in my 30 years in LE. It helps to have a good record and talk with the prosecutor and sometimes the officer before court starts. No one wants to be in court all day long and without plea bargaining deals the courts would bog down. And this is for VA.

[smarterguy]

Originally Posted by CaliTerp07

FWIW, my lawyer friend said it really depends on who the judge and/or the person she negotiated with ahead of time (prosecuter?) is that day. Some of them are nicer than others. Some are real sticklers. If you get a stickler, you're not getting anything w/o a lawyer.

This goes for other states as well.

I had the book thrown at me by a renegade judge when I was 17 for doing 80 in a 65 (not in VA) while in the right lane, staying with the flow of traffic. The officer who pulled me over talked to me before court and was very nice, saying he would work with me to lower the fine/points. Judge was old, cranky, and couldn't care less. That ticket pretty much took me off the road and made the last year of high school and first year of college awful. No money, no insurance, no car.

Yep, lesson learned. Now I do 1-5 mph less than the speed limit in the right lane and **** everyone off.

[Bigfoot424]

"Yep, lesson learned. Now I do 1-5 mph less than the speed limit in the right lane and **** everyone off."

Yeah. That will teach him.

[z28lt1]

In Virginia it makes a huge difference what court you are going to and in some cases what judge. In Fairfax you have little chance of getting the points reduced unless you are really innocent and found innocent.

In Loudoun, with a good driving record you may be able to exchange the ticket for driving school - at least you could years and years ago when I got a ticket there (mid '90s). Fortunately have no experience with other jurisdictions.

[Fundman]

The few times I have been to traffic court in VA the judge recited the same line about how points are assessed by the DMV and the court cannot lower points. So as others have said, going to court doesn't benefit you unless you truly are innocent and have undeniable proof.

[boyd888]

Originally Posted by Fundman

So as others have said, going to court doesn't benefit you unless you truly are innocent and have undeniable proof.

Not true at all. If you are found guilty of a different infraction (ie 9 over instead of 19 over), the points are less. The judge isn't lowering your points, but instead is lowering the offense - which can carry less (or no) points. The judge can also lower the fine or give you traffic school.

Most importantly if the officer doesn't show up (it DOES happen) the ticket is usually dismissed. I went to court once and there were at least three people there all wanting to fight a "failure to stop" at a stop sign from the same cop that had since been changed to a yield sign. Not saying they were going to win, but the officer didn't show and everyone there for him (including me on a different charge) got their ticket dismissed. Everyone that "did the right thing" and mailed in got a nice 3 points and $150 fine.