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Re: Ticket Advice Needed - Long



I practice law in this area (both geographic and subject matter).  The
general rule in Virginia is 20 miles per hour over the limit is written
up as reckless driving.
	It is not unusual for an attorney to be able to negotiate with the
prosecutor (called "the Commonwealth's Attorney" here, for those of you
from other states of the United States and not Commonwealths; this
includes Pennsylvania and Massachusetts, to name a few) for a reduction
to merely "speeding 19 miles over the limit" (typical fine: $3 per mile
over, or $57 plus $30 court costs).  Some prosecutors don't like making
deals with "the public" but will do so with attorneys; others will make
such deals directly with the defendant if s/he had been cooperative with
the officer, etc.
	As to points on your driving record, the court is without jurisdiction
to do anything about them (other than find you not guilty).  The
Division of Motor Vehicles assigns points some time after they get word
of a conviction.  Speeding 10 - 19 miles over the limit earns someone 4
demerit points; reckless driving gets someone 6 demerit points. 
Attending a Virginia approved driver improvement school earns one 5
points to the good (or takes away 5 points, if you want to look at it
that way).
	As respects community service, I have never seen that issue even raised
in traffic court.  I suspect a suggestion to that end would not receive
a hearty welcome.
	Good Luck!
VTY,
markbyrum@erols.com


Mohammed Bhatti wrote:
. . . Driving home on 66W in No. Va (Fairfax Co.) on Saturday, got
pulled over for reckless driving.  Doing 82 in 55 zone. . . .  Anyway,
my court date is in the first week of February.  I need advice.  Can I
get away with a fine and no points if I agree to attend some sort of
State driving school?  What if I suggested community service aswell in
leiu of points?  . . .