[five3three]

Originally Posted by tman

Thanks for all the responses. I' leaning towards paying the ticket and moving on, here's why;

I already got a break from reckless to speeding, albeit the officer didn't show me some love and reduce it to 19 over. Dickhead!

If the officer doesn't show, the court system/Judge in VA will still try the case which means the best I can hope for is a point & fine reduction (not bad though).

The flip side of the above is possible too, as there might be a chance that the judge can still charge me with reckless.

I'm not a good public speaker and will probably say the wrong things in court.

Comments?

I think that's a good plan. Sometimes you just have to bite the bullet and take the consequence, especially when one of the alternatives is worse.

If this was Maryland, judges are able to reduce points left and right but Virginia judges have no control over points. The only way for points reduction is a reduced charge, which you have already gotten.

[MNick]

Not sure when your court date was... I received a ticket in VA (I'm not from there so), paid an attorney to represent me and to have the points and charges withheld from my record. I paid the court cost and attorney's fine, about 300 bucks (but worth it).

If you go to court, show up on early, look presentable, and state that you are requesting a "withhold of adjudication" or that the points be withheld from your record due to the exorbitant cost of car insurance... Your premium will increase by 3-500 $/annually.

If you have a clean record this will help they are more forgiving.

Sometimes you are able to speak with the cop prior and if you ask him the same thing and he agrees then he'll tell the judge. BE FRIENDLY...

God speed!

[bigdaddycane]

MNick has another good alternative, but this usually works if you have a clean record (and just received a ticket). If you have several tickets in the past 2 years don't try this as the judge may completely hammer you because of your past record.

[citg0]

Right to face accuser does not apply to civil cases. Just calling this out bc I saw someone mention that it's unconstitutional to try you without the officer present.

http://en.wikipedia.org/wiki/Confrontation_Clause

The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that "in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him." Generally, the right is to have a face-to-face confrontation with witnesses who are offering testimonial evidence against the accused in the form of cross-examination during a trial. The Fourteenth Amendment makes the right to confrontation applicable to the states and not just the federal government.[1] The right only applies to criminal prosecutions, not civil cases or other proceedings.

[NEFARIOUS]

Originally Posted by citg0

Right to face accuser does not apply to civil cases. Just calling this out bc I saw someone mention that it's unconstitutional to try you without the officer present.

http://en.wikipedia.org/wiki/Confrontation_Clause

The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that "in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him." Generally, the right is to have a face-to-face confrontation with witnesses who are offering testimonial evidence against the accused in the form of cross-examination during a trial. The Fourteenth Amendment makes the right to confrontation applicable to the states and not just the federal government.[1] The right only applies to criminal prosecutions, not civil cases or other proceedings.

THAT'S the clause I was looking for!! I wrote a post clarifying that it was unconstitutional, but can't remember for the life of me at the time which amendment it was! Thank you!

[bigdaddycane]

what Virginia does to get around this is to give you the option to move the case (if you're pleading not guilty) to when the officer can be available or to wave your right (plead guilty or no contest) and try the case at that moment. Most people do not want to come back and opt to try the case without the officer present.

[NEFARIOUS]

Originally Posted by bigdaddycane

what Virginia does to get around this is to give you the option to move the case (if you're pleading not guilty) to when the officer can be available or to wave your right (plead guilty or no contest) and try the case at that moment. Most people do not want to come back and opt to try the case without the officer present.

"Your Honor, if I were to not able able to make it to court, I face a warrant, arrest and increased fines... However, if prosecution is not able to be present on a court date, it should not be of my making or concern, and the same or similar consequences should be pressed upon them instead of freely granting a second trial date, thus implying for me to relinquish my right to a speedy trial and being unconstitutionally partial to prosecution's favor instead of following the the impartial nature of the law. In addition, asking me to be tried without the accusing party present is in clear violation of my right to due processes, which is also unconstitutional. I therefore motion for dismissal."

[tman]

Originally Posted by bigdaddycane

MNick has another good alternative, but this usually works if you have a clean record (and just received a ticket). If you have several tickets in the past 2 years don't try this as the judge may completely hammer you because of your past record.

I have a ticket from last July 2013, for doing 43 in 25 Herndon speed trap. I'm sure that is not going to help.

[tman]

Originally Posted by MNick

Not sure when your court date was... I received a ticket in VA (I'm not from there so), paid an attorney to represent me and to have the points and charges withheld from my record. I paid the court cost and attorney's fine, about 300 bucks (but worth it).

If you go to court, show up on early, look presentable, and state that you are requesting a "withhold of adjudication" or that the points be withheld from your record due to the exorbitant cost of car insurance... Your premium will increase by 3-500 $/annually.

If you have a clean record this will help they are more forgiving.

Sometimes you are able to speak with the cop prior and if you ask him the same thing and he agrees then he'll tell the judge. BE FRIENDLY...

God speed!

This post has got me thinking. But I don't have a clean record (currently at -2 with a speeding ticket in herndon last year 43/25).