Re: received my first traffic ticket today.. any chance of getting it waived?
Posted by:
Lord.703
()
Date: November 18, 2015 06:29PM
I encourage you to search this forum extensively for threads on this topic. Someone posted a step by step procedure for petitioning the court for repeated extensions of the adjudication of your case. VA law requires the officer of record to be present for each and every case. If the officer is not present, your case will be dismissed.
Now, with today's technology it's a lot easier for the courts to coordinate court date changes with the law enforcement officers to ensure they are in attendance. (Each officer has specific dates that they are in court to have their cases reviewed.)
However, the fact remains the officer is required by law to be there for your case. You can typically get 3 extensions from the FC court system before you get a written notice that no further extension requests will be honored and if you aren't in court on the final date, the case will be adjudicated in your absence and you will be responsibility for any penalties and or fines and court costs if you are found guilty.
3 extensions, as stated by the poster, can typically drag a case out 18, 24 maybe even 30 months. That's a lot of time. A lot of time that an officer could be reassigned to another station and is now farther away from the court house. The officer could become incapacitated or deceased. The officer could retire. The officer could be put on suspension or be dismissed. The officer could make a mistake on his calendar and get his date wrong. The officer's transportation could run out of gas or experience a mechanical failure. After several years of extensions, you may end up being the officer's only case that day and he may just decide not to show because it's not worth his time. If you were involved in an incident with a lot of information and evidence to be reviewed by the judge, the longer time between the ticket being written and the court date might allow the officer to forget some important details of your case. (This is why you should do nothing when pulled over that draws attention to yourself in the officer's mind that would give him a mnemonic for remembering every nuance of ticketing you. Officers treat routine traffic stops like a business meeting...you should, too.)
In short, there are a lot of things that could keep him from appearing in that court room. You owe it to yourself to use every advantage available to you that the system allows in order to have the charges dismissed or otherwise found in your favor.
I've been a licensed driver in FC for over 30 years. I've been to court 12 times on a number of moving violations in that time...I like fast cars, get out of my way. I've sat through 30 some cases every time I have appeared in court while waiting my turn. I have never once seen a case adjudicated in the defendant's favor. If the FCPD or the VASP have taken the time to pull you over, write you a ticket and bring you before the judge...you will be found guilty. Oh...the judge may give you some leniency and reduce the charges and or reduce your penalty or fines, particularly for a first time offender on a small charge that didn't involve a collision, injury, death or DWI/DUI.
The fact is, revenue from traffic court is a multi-million dollar industry and the laws are written in the county and state's favor.