What does this matter? Every case is unique and every court does things just a little bit different. It is important to analyze what type of case you have. I may represent someone in Dinwiddie, VA for reckless driving at 84 mph and in Hopewell, VA they may only be charged with Speeding, not reckless driving.

In Virginia, the officer can write the ticket for EITHER reckless driving (more serious) or speeding. So you need to know where your case is.

In addition, you need to know if the prosecutor will get involved or not.

How Fast Did They Say You Were Speeding or Driving Recklessly?

Many people call me and swear they were driving 78 mph and were ticketed for reckless driving, 82 mph. If the person has a great driving record, then the best way to proceed might actually be to not contest guilt or innocence and try to get it reduced to a non moving violation that has no points, or get it dismissed with driving school.

Does it make sense for someone who admits they were speeding at 78 mph to drive to court from out of state and plead NOT GUILTY in this scenario? No, it doesn’t. If I have a case where my client admits to speeding, but they were driving slow enough to where the judge will reduce or dismiss (eg give a BETTER result) then why would you plead not guilty and try the case?

I see people come to court and do this, and I have seen judges reduce to the speed they admitted they were going. So they came to court, they put on a full trial, and the judge found them guilty of speeding. That is a bad result. If you can plead NO CONTEST, and the judge will dismiss the case with driving school or reduce it to something that has no points then that is what you should do since you are getting a better result and quite frankly taking up much less time in court.

Is There a Legal Defense to Speeding?

If you are in the situation where you speed is so high or your driving record is bad enough to where the judge won’t help you, then you are going to need to locate a legal defense. Legal defenses exist where the Commonwealth cannot prove their case beyond a reasonable doubt. I represented someone who had so many prior speeding tickets the judge was not going to help. So I found a legal defense with the calibration:

Legal defenses can exist where the police officer does not show up, or they show up unprepared (don’t have a copy of the ticket, don’t have up to date or proper calibrations). So there are legal defenses.

Every case is unique and past results do not guarantee or predict the future. Call today to discuss your speeding ticket or reckless driving charge with an experienced traffic attorney. 8048734004


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