Virginia Traffic Violations Frequently Asked Questions
Do I need an Attorney?
Should I go to Safe Driving School before Court? It depends. While completion of Safe Driving School prior to Court can help in certain situations, this is a matter which should be discussed with your Virginia traffic lawyer in order to put you in the best possible position when you go to Court for hearing of your case. Sometimes Court ordered attendance and completion of safe driving school can be used a bargaining chip when negotiationg with a prosecutor, so waiting to enroll in such a course may best serve you.
The Virginia police officer who charged me with reckless driving had a video camera in his cruiser. Can a tape of my driving be obtained? Yes. Most of the time, the Commonwealth Attorney's office will voluntarily share this type of evidence with traffic defense lawyers; however, if an informal arrangement cannot be reached, then an experienced Virginia traffic attorney can obtain the video through via a Court order.
Does the police officer need to prove that his radar was in good working order when he clocked me? Yes. Virginia Code Section 46.2-882 requires that: "In any court or legal proceeding in which any question arises about the calibration or accuracy of any laser speed determination device, radar, or microcomputer device as described in this section used to determine the speed of any motor vehicle, a certificate, or a true copy thereof, showing the calibration or accuracy of (i) the speedometer of any vehicle, (ii) any tuning fork employed in calibrating or testing the radar or other speed determination device or (iii) any other method employed in calibrating or testing any laser speed determination device, and when and by whom the calibration was made, shall be admissible as evidence of the facts therein stated. No calibration or testing of such device shall be valid for longer than six months."
While anything is possible, this is highly unlikely. Reckless driving is a Class 1 misdemeanor crime and the Courts of Virginia, including Judges and prosecutors, treat these cases very seriously and regularly impose high fines, jail sentences and license suspensions if you are convicted.
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Traffic Violation FAQs