Speeding Ticket Defense in Virginia
Speeding tickets in Virginia are very common and Attorney Yeargan has successfully defended clients throughout the state. Speeding is charged as a traffic infraction, not a criminal offense. However, it can carry high fines, points on your license, and insurance penalties that hike rates for years to come. Please note that Speeding twenty (20) miles or more over the limit may be charged as misdemeanor Reckless Driving or Speeding, at the discretion of the officer.Speeding Fines
Speeding fines are generally six ($6) dollars per mile over the limit. If Speeding in a school or work zone, the fine increases to seven ($7) per mile over the limit. Get caught Speeding in a Residential Area and the fine balloons to $200 plus eight ($8) dollars per mile over the limit!Speeding Court Costs
Court costs for Speeding average between $60 to $67 dollars. If you pay by credit card for your fine and court costs, be prepared to pay an extra 4% processing fee. This can be avoided if you pay by cash or check. The Court gives you thirty (30) days to pay your fine and court costs. You can ask for an extension of that deadline to ninety (90) days. If not paid, the Court will assess collection fees of 17%.Points for Speeding
Speeding convictions also carry Division of Motor Vehicle points. Speeding 1-9 over the limit is three (3) points. Speeding 10-19 over the limit is four (4) points. Speeding twenty or more miles over the limit (non-Reckless) is six (6) points. The DMV points fall off a driving record after two years. The conviction itself falls off a record after five (5) years. The Virginia DMV point system does not apply to out-of-state drivers. The conviction is reported to the state where you are licensed through the Interstate Drivers License Compact, and that state assigns points based on its system.Possible Dismissal or Reduction of Your Speeding Charge
Do not prepay your ticket. Prepaying a ticket is an admission of guilt and a conviction will be reported to the DMV. It is advisable to get a consultation with a competent and experienced traffic defense attorney about your case.
It is possible in many counties to get the Speeding charge deferred for dismissal by agreement with the prosecutor (Commonwealth Attorney). This agreement allows the charge to be dismissed upon completion of a driver improvement course and payment of court costs. A conviction is thus never reported to the Division of Motor Vehicles and insurance rates are not affected. If the attorney can negotiate this agreement, the case is continued and the client is given a couple of months to complete the course and pay the costs. Once the Court receives an original certificate of course completion, the case is dismissed. Prince William County, for instance, participates in this program. Fairfax County does not participate in this program.
In counties where the deferral program is not available, Attorney Yeargan negotiates with the prosecutor for reduction of the offense to a Non-Moving Violation or County Code Violation. Non-Moving Violations like Defective Equipment carry no points but do go on the driving record. A County Code violation, like Failure to Pay Full Time and Attention, does not go on the driving record and carries zero points. Please be aware that reduction to a county code violation such as Failure to Pay Full Time and Attention is not available when the charge is written by a State Police Officer.Calibration Defenses Related to Speeding Charges
Lidar (laser) and Radar based Speeding tickets issued by Police Officers must be calibrated within six (6) months of the date of the stop. Section 46.2-882 of the Virginia Code states the requirements for officer calibrations. Attorney Yeargan closely examines the calibrations to make sure the Virginia law is followed. Your ticket may get dismissed if the calibrations are not correctly issued and executed.
Attorney Yeargan recommends in some cases that clients get a Speedometer Calibration of the vehicle from a reputable mechanic. It is recommended when the vehicle is older than five years, has high mileage, and/or the speed of the stop was very high. The Speedometer Calibration is a notarized statement that explains what the speedometer displays at certain measurable speed intervals: 40 mph, 50 mph, 60 mph, 70 mph, etc. This will indicate whether there was a discrepancy between the vehicle speed measured by the officer and the actual speed the car was traveling. It is good mitigation evidence and may help the case get dismissed or significantly reduced to a lesser offense!Contact Attorney Yeargan Today for a Free Consultation
If you need help with a pending Speeding charge, contact the Law Office of Wilfred W. Yeargan. He will help evaluate your case and give free advice about how to handle the matter. His law office has flexible hours and is available to meet on weekends.