Do I need an attorney for traffic court? (insurance, lawyer) - City-Data Forum

Margery · 06-04-2010, 04:12 PM

I was involved in an accident almost 2 weeks ago and received a summons to appear in traffic court, charged with failure to yield right of way. No one was injured. I have only a speeding ticket (35 in a 25 zone) from 2003 on my record. Today I received solicitations from 3 attorney's offices. Do I need a lawyer for this? I would like to hear from anyone with a similar experience.

Flamingo13 · 06-04-2010, 05:28 PM

No, you don't need a lawyer. I HATE how attorney's can find out about traffic summons, etc. Since you have a good record, you most likely will only get a fine (and pts.).

Bigfoot424 · 06-05-2010, 03:27 AM

I'm speaking from over three decades as a police officer so take it as you will. I know some people don't like advice from LEO's. I would not hire an attorney unless it's your contention that you are innocent and want to fight the charge. If you plan on pleading guilty then in my opinion you would be wasting your money hiring an attorney. Fines for cases like this are pretty much set at a certain fee and can go up or down based on ones driving record. If you are interested I would go in, plead guilty and ask the judge for driving school. It's one day in a classroom setting or even online from what I've heard. Once completed you drop the certificate back off at the courhouse and the charge is dismissed. I don't know what county this happened so hopefully this works where you are. If driving school is not an option then plead guilty and you'll be out in 15 minutes.

Margery · 06-05-2010, 06:21 AM

Thanks to all, I appreciate the advice.

goozer · 06-05-2010, 06:21 AM

Quote:

Originally Posted by Bigfoot424

I'm speaking from over three decades as a police officer so take it as you will. I know some people don't like advice from LEO's. I would not hire an attorney unless it's your contention that you are innocent and want to fight the charge. If you plan on pleading guilty then in my opinion you would be wasting your money hiring an attorney. Fines for cases like this are pretty much set at a certain fee and can go up or down based on ones driving record. If you are interested I would go in, plead guilty and ask the judge for driving school. It's one day in a classroom setting or even online from what I've heard. Once completed you drop the certificate back off at the courhouse and the charge is dismissed. I don't know what county this happened so hopefully this works where you are. If driving school is not an option then plead guilty and you'll be out in 15 minutes.

That sounds like good advice. Particularly for a routine traffic citation. The only caveat that I would add is that I think there can be a benefit of hiring a lawyer if you are charged with a more serious traffic violation, such as a DUI, even if you intend to plead guilty. Not your situation though, and I would definitely go it alone here.

jm76 · 06-05-2010, 09:29 AM

Another option is if Virginia allows deferred adjudication. I'm new to VA so I'm not yet familiar with it's traffic laws but in many states you can ask for deferred adjudication...Basically you pay the fine and are put on probation for a certain number of months and after the probation period if you don't get another ticket it is effectively wiped from your record (ie insurance never learns about it).

Jim

Bigfoot424 · 06-05-2010, 09:57 AM

Quote:

Originally Posted by jm76

Another option is if Virginia allows deferred adjudication. I'm new to VA so I'm not yet familiar with it's traffic laws but in many states you can ask for deferred adjudication...Basically you pay the fine and are put on probation for a certain number of months and after the probation period if you don't get another ticket it is effectively wiped from your record (ie insurance never learns about it).

Jim

I don't believe VA has this or at least I don't recall ever hearing it referred to as such. I have seen judges withhold a finding for say 6 months and dismiss the case if the person receives no further violations.

bangorme · 06-05-2010, 04:03 PM

You should feel lucky. In order to raise revenue the officers here give out a lot of Driving to Endanger citations.

I really wish people would post the RESULTS of their trip to court here. We never find out what actually happened.

Margery · 06-05-2010, 04:17 PM

Quote:

Originally Posted by bangorme

You should feel lucky. In order to raise revenue the officers here give out a lot of Driving to Endanger citations.

I really wish people would post the RESULTS of their trip to court here. We never find out what actually happened.

I wish many posters that ask for help with a problem would post results. My court date is not till July 19, I promise to post what happened after it is over. This is in Loudoun County.

Bigfoot424 · 06-06-2010, 01:22 AM

Quote:

Originally Posted by bangorme

You should feel lucky. In order to raise revenue the officers here give out a lot of Driving to Endanger citations.

I really wish people would post the RESULTS of their trip to court here. We never find out what actually happened.

Lovely. Another "revenue" post. You are wrong but based on the past you don't care about facts. There is no Driving to Endanger law in Va.