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Traffic summons DISMISSED??????
Posted by: Carl ()
Date: June 18, 2008 09:19AM

If the officer checked the box that say's, "you may avoid coming to court and prepay", but then said, "oh, wait, you need to come to court", and circled the "you must appear in court", isn't that contradictory?

Is this grounds for the case being dismissed?

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Re: Traffic summons DISMISSED??????
Posted by: Bonfire ()
Date: June 18, 2008 09:33AM

What was the exact charge?

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Re: Traffic summons DISMISSED??????
Posted by: DeathByCop ()
Date: June 18, 2008 09:35AM

Carl Wrote:
-------------------------------------------------------
> If the officer checked the box that say's, "you
> may avoid coming to court and prepay", but then
> said, "oh, wait, you need to come to court", and
> circled the "you must appear in court", isn't that
> contradictory?
>
> Is this grounds for the case being dismissed?


No way. It merely means he marked the wrong box, and then corrected himself. Any moving violation more serious than minor speeding of up to 19 over (i.e. reckless, passing a school bus, failure to stop for a school bus) will require a presence in court. Don't think that just because it's not a dwi and you weren't taken into custody, that you don't have to appear in court. If it says you have to show up, do it. You will not get it dismissed simply for that, trust me. I had a friend who had the male version of her name on the ticket and the wrong charge/code, and still didn't get it dismissed. What they do is ammend the ticket/charge when court starts, and then pass it over until later in the docket.
BTW, if you don't go, you will either be tried in absentia or an FTA (failure to appear) warrant will be issued, in which case, you will be arrested.

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Re: Traffic summons DISMISSED??????
Posted by: Bonfire ()
Date: June 18, 2008 09:36AM

And,,,,, did he initial it, mark it, say anything on the ticket that he checked "you may avoid coming to court" in ERROR, and that YES!!! You must indeed come to court??

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Re: Traffic summons DISMISSED??????
Posted by: DeathByCop ()
Date: June 18, 2008 09:45AM

It doesn't matter, it's not like a check or contract, where you or both parties have to date and initial any changes or corrections to an error. Like I said, I know of people who had the wrong name, statute code, and even date on the summons, and still did not get it dismissed. Trust me, if he told you you have to appear, appear, and don't count on getting it dismissed, simply for that. Talk to a lawyer, not anonymous people with a layman's knowledge of V.A. law.

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Re: Traffic summons DISMISSED??????
Posted by: Stan ()
Date: June 18, 2008 09:53AM

It was reckless. Thanks for the info though. Just trying to keep the score even.

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Re: Traffic summons DISMISSED??????
Posted by: DeathByCop ()
Date: June 18, 2008 10:04AM

If you have never had a ticket before, the judge may reduce it to regular speeding. I know Arlington lets you talk to/negotiate w/ prosecutors before court w/o a lawyer in traffic matters. However, I have heard Fairfax doesn't make the prosecutors appear/stay in court for minor traffic charges now. So after the initail motions, it's just you, the cop, and the judge. If that's the case there is no negotiating before hand w/o a lawyer.

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Re: Traffic summons DISMISSED??????
Posted by: peter6789 ()
Date: June 18, 2008 10:29AM

death by cop is right....in fairfax if you dont have an attorney it is only the cop, judge, and you.

also general the judge does not consult with the officer at all in regards to punishment. some judges and very leinent on first time offenders, while others do not care if you are +5 and never had a ticket.

stuff like passing a school bus, speeding in a school zone,driving on suspended license and reckless have been the charges i have seen judges really hammer people. totally judge depenedant though.

your best bet if you are +5 with no previous tickets is to plead guilty with an explaination, be apologetic....and just swallow your pride so to speak..

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Re: Traffic summons DISMISSED??????
Posted by: DeathByCop ()
Date: June 18, 2008 10:46AM

The officer has nothing to do w/ sentencing. The only thing he does is state the facts and parameters surrounding the case, as well as telling the judge about your driving record (if he does his job, he will have a copy of it). Rather than plead guilty w/ an explanation (ask any lawyer, he will tell you that it is the dumbest oxymoronic thing to say), either plead not guilty or take an Alford plea. If you plead not guilty, show him a copy of a speedometer calibration report and tell him you put larger after market rims on your car (which affects the way the speedometer calculates your speed since the rpm of the tires will be different). If you don't want to spend the money to have a mechanic 'friend' do the calibration, then take the Alford plea, which states that you there is enough evidence to convict, w/o you admitting guilt. Some judges are sometimes impressed w/ the fact that you have some knowledge of law and the way you present your case, and may reduce if you have a clean record. Trust me, do not plead guilty w/ an explanation. Judges hate it, and think you are stupid by doing it. Instead, take the Alford plea, and tell the judge the true circumstances surrounding the case. Once again, if you plead not guilty, get the calibration done, and say you put on after market rims (20's) that made your speedometer inaccurate.



Edited 1 time(s). Last edit at 06/18/2008 10:52AM by DeathByCop.

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Re: Traffic summons DISMISSED??????
Posted by: RESton Peace ()
Date: June 18, 2008 12:26PM

death by cop is right, and I'll go one further to say this has happened to me on two occasions, and on both occasions I was definitely on the docket for court on the date shown on the ticket.

I might add I was 50/50 on convictions on those.

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Re: Traffic summons DISMISSED??????
Posted by: RESton Peace ()
Date: June 18, 2008 12:28PM

I don't agree on judges being "impressed" by the alford plea.... seen plenty of people do it and never saw a judge even blink. Go ahead and do it but don't expect some extras when you do.

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Re: Traffic summons DISMISSED??????
Posted by: DeathByCop ()
Date: June 18, 2008 12:48PM

It's better than pleading guilty w/ an explanation. That's almost like an oxymoron, I mean, either you're guilty or you're not. When was the last time you heard a lawyer say "Guilty w/ an explanation, your honor"?

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Re: Traffic summons DISMISSED??????
Posted by: eric6789 ()
Date: June 18, 2008 12:51PM

in fairfax co traffic court that dont call refer to at as an alford plea....typically most of the traffic judges explain your 3 plea options at the begining of the docket at 0930.
1: guilty w/ explaination
2: not guilty...then there is a 'trial' where you and the officer are sworn in and give testimony about what happened....fyi if you dont have some legitimate bone of contention do not do this. simply not agreeing with the officer will not get you anywhere
3: nolo contendre (no contest): this mean you agree there is enough evidence to convict you of the charge...typically with this you will also be offered a time to explain yourself..offer apologize or some other underlying fact...

just another tip..hopefully you will be at the end of the docket...if the ticket was written by a motorcycle officer or trooper most likely you will be at the end.....listen to what is going on...and see what other people are getting for similiar charges....

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Re: Traffic summons DISMISSED??????
Posted by: DeathByCop ()
Date: June 18, 2008 01:07PM

eric6789 Wrote:
-------------------------------------------------------
> in fairfax co traffic court that dont call refer
> to at as an alford plea....typically most of the
> traffic judges explain your 3 plea options at the
> begining of the docket at 0930.
> 1: guilty w/ explaination
> 2: not guilty...then there is a 'trial' where you
> and the officer are sworn in and give testimony
> about what happened....fyi if you dont have some
> legitimate bone of contention do not do this.
> simply not agreeing with the officer will not get
> you anywhere
> 3: nolo contendre (no contest): this mean you
> agree there is enough evidence to convict you of
> the charge...typically with this you will also be
> offered a time to explain yourself..offer
> apologize or some other underlying fact...
>
> just another tip..hopefully you will be at the end
> of the docket...if the ticket was written by a
> motorcycle officer or trooper most likely you will
> be at the end.....listen to what is going on...and
> see what other people are getting for similiar
> charges....


An Alford plea is perfectly acceptable and admissable in any Virginia court. I've used it in fairfax and got a failure to maintain control of my vehicle reduced to defective equipment. Since an accident was involved, for which I was hospitalized, I told the judge that two of the bolts on my rear rim had broken, causing the excessive vibration which thus contributed to me losing control of the vehicle. When questioned about my driving record, I responded w/ "Less than stellar, your honor!". He was amused by my word choice and reduced my charge to defective equipment, and I accomplished all this on my own w/o a lawyer, believe it or not! He had inquired how long I had known the bolts were broken, and I told him I knew about one before the incident, but had no time before the accident to get it fixed (since it was Thanksgiving holiday and everything was closed).



Edited 1 time(s). Last edit at 06/18/2008 01:09PM by DeathByCop.

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Re: Traffic summons DISMISSED??????
Posted by: RESton Peace ()
Date: June 18, 2008 01:10PM

well we see eye-to-eye on that, pleading "guilty with explanation" reminds me of the morons who ask out of jury duty because they have "important jobs".

I was merely asserting it's nothing special to know of and use alford pleas.

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Re: Traffic summons DISMISSED??????
Posted by: perjury ()
Date: June 18, 2008 02:47PM

DeathByCop Wrote:
-------------------------------------------------------
> Instead, take the Alford plea, and tell the
> judge the true circumstances surrounding the case.
> Once again, if you plead not guilty, get the
> calibration done, and say you put on after market
> rims (20's) that made your speedometer inaccurate.

Which part of the "true" circumstances of the case is getting a "friend" mechanic to "calibrate" your speedometer or saying you have "20's" rims on your car when you really don't? The OP never mentioned anything about rims. Sounds like perjury to me but certainly par for the course here at FU. Do you guys really think that people involved with the court system are on to your little games?

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can a Traffic summons DISMISSED??????
Posted by: D. thomas ()
Date: January 19, 2012 10:12AM

what if the officer wrote the wrong court date....instead writing March 1, 2012...he wrote March 1, 2011...is that grounds for a dismissal

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Re: Traffic summons DISMISSED??????
Posted by: guy ()
Date: January 19, 2012 12:20PM

What if the officer writes your name wrong on the internet where you can pay. I.e. Someone with the first two letters of their name Li was written online by the officer as an H.

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