How to Fight a Traffic Ticket in Fairfax County
If you’ve ever experienced Fairfax traffic court, you know just how heavy-handed the justice system can be. If you’re charged with reckless driving by speeding for instance, you won’t get the opportunity to take a driver’s course in lieu of conviction, as is the case with other jurisdictions in Virginia.
Traffic misdemeanors are also heavily penalized including driving without a license or on a suspended one. You could also end up with a criminal record for fleeing the scene of an accident, or altering tags.
There is hope however, for both simple traffic infractions
What about Simple Traffic Infractions?
If you have a simple traffic infraction that’s not criminal, should you go to court? Is it worth fighting for? This depends on several factors including whether you can afford points, higher insurance, or a bad driving record.
Top Facts Regarding Traffic Tickets in Fairfax County
Upon issuance of a simple traffic ticket you will usually have 30 days to pay. Fines in Virginia can be paid online or through the county clerk. For criminal traffic offenses like those discussed earlier, you will need to attend court. If you hire a lawyer, he or she can attend trial on your behalf in some circumstances.
If a simple traffic ticket or civil infraction isn’t paid, the consequences can include a driver’s license suspension and added late fees. Alternately, drivers can opt to attend court and see how it all plays out, whether they’re pleading guilty or innocent. A traffic lawyer can also help to negotiate on the driver’s behalf to fight for a better outcome, should you have other concerns riding on the trial – like a suspended license or higher insurance fees for instance.
To see your driving history, simply visit the DMV in person or online, and pay for a personal record. The current cost is $13.
Out of state drivers are subject to the same penalties as residents. As an example, you could end up with a criminal conviction for driving above the posted speed limits, under reckless driving laws here.
As a result, it’s always best to consult with an experienced traffic attorney to see what the next best move is after receiving a citation.
HOW TO FIGHT A TRAFFIC TICKET
If you do elect to try to fight a traffic ticket, understand that the most important thing is going to be the law. You shouldn’t assume what the law makes legal and illegal. That is a mistake that is made all too often by people defending themselves. The number of times when someone will admit behavior to the judge that proves themselves guilty is overwhelming. Knowing the law will help eliminate this possibility. So if you have a traffic ticket that you want to contest, you should first take some time and look up the statute that the officer alleges you violated. This can be done by simply typing the code section into google or going to a law library.
The next step is to assume that the judge will believe the officer. The he said/she said case gets resolved in the officer’s favor the vast majority of the time. So you should try to come up with a defense that either relies on outside infallible evidence that demonstrates definitively that the officer is mistaken or try to show that even if he is right, his explanation does not rise to a violation of the quoted law.
