Frequently Asked Questions

Traffic Court in Virginia

Q. I received a speeding ticket. Do I need a lawyer?

A. Probably not. If you are charged with reckless driving, you should contact an attorney. If, however, you are merely charged with speeding and you have an otherwise good driving record you can probably handle this by yourself without an attorney.

Speeding is a very simple offense to prove, and very few tickets are thrown out for "technicalities". One of the most common technical defenses is that the officer did not have his equipment calibrated within six months prior to the offense date. If you wish to plead not guilty, you may ask the judge to have the officer produce a copy of his calibration certificate for you to see. If the calibration is proper and you have no other defense, then you will be found guilty.

Generally, the most favored result in traffic court is referral to driving school. If this happens, the court will give you a list of "driver improvement programs" to select from for enrollment. Upon successful completion of the program (most of which consist of eight hours of driver education videos followed by a simple quiz), you simply mail the completion certificate to the court with your check for the processing fee prior to the deadline set by the court and your charge will be dismissed. Your driving record will show a court referral to driving school, but it will not result in the accumulation of any demerit points on your license.

Q. How do I get the judge to refer me to driving school?

A. Before going to court, you should go to a DMV branch office and obtain a copy of your driving record. In many local traffic courts, either the judge or a deputy will make an announcement before court begins regarding people requesting driving school. Listen carefully and get in the proper line to ask the judge for driving school, handing him a copy of your DMV driving record. If no announcement is made, then simply wait for your case to be called. When your case is called, tell the judge you wish to plead "no contest" and would like to request driving school, handing him a copy of your driving record.

Of course, there is no guarantee that you will be referred to driving school, even if you have a good record. For example, one judge in Henrico refuses as a matter of policy to grant driving school requests for speeding. Another judge in Chesterfield will not refer you to driving school if you have ever previously been sent to driving school as an adult by another judge.

If the court will not grant your request for driving school, it may be possible to ask for a reduction of the charge. For example, speeding tickets in Virginia are classified in two groups, 1-9 miles per hour over the limit, and 10-19 miles per hour over the limit. If you have been to driving school fairly recently and the court is not willing to send you again, but you have an otherwise clean record, the judge may reduce your ticket from the higher to the lower category, which means a lower fine and fewer demerit points on your license.

If something severe or unexpected happens in traffic court, which is held in the General District Court, you may always appeal your case to the Circuit Court if you are not satisfied with the outcome, even if you plead guilty in traffic court. You will be given a different court date, and you may wish to contact an attorney at that time.

Q. I’m from out of state but I have a good driving record. Do I have to appear in person in court in Virginia in order to have my speeding ticket referred to a driver improvement program for dismissal?

A. No. You may hire an attorney to appear for you. In that situation you should consult with an experienced attorney to determine if you fall within the parameters of the court’s policy for referral to driving school. Policies vary by county. You will need to provide your attorney with a copy of your driving record from the state that issued your drivers license prior to the court date. You may click on the “Links” button to the left for links to the motor vehicle licensing authorities for all states on the east coast.

Q. Can I plead “guilty with an excuse” in order to get a lesser penalty?

A. Some judges will announce at the beginning of the docket that you have a right to plead guilty, not guilty or guilty with an excuse. “Guilty with an excuse” is not an actual plea recognized by any competent legal authority. It is a ruse that some General District Court judges employ to encourage guilty pleas in order to move their docket more swiftly while fostering the illusion of a fair hearing. It will entitle you to take up usually no more than thirty seconds of the judge’s time to explain your excuse while the judge imposes the same penalty he would have imposed otherwise.

Feel free to contact me at inquiry@brianjgrossman.com.