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Virginia traffic violations, much like traffic violations in all states, can be contested successfully via relatively simple defenses. Depending on the violation in question and the potential fallout stemming from a conviction, a driver should consider using legal counsel in certain cases. Virginia is a state that utilizes a variation of the point system to track and punish habitual traffic violations offenders, and in turn, accumulating sufficient numbers of points (demerit points) can result in license suspension, not to mention financial costs including fees, fines, and insurance premium increases.
The following article outlines the simplest methods to fight a traffic ticket.
Although not the most reliable method of defending a traffic violation, changing court dates and venues can result in an increased likelihood of the citing law enforcement officer failing to appear in court. In short, most cases will hinge on officer testimony to secure conviction, and as such, a driver stands a decent chance of having his or her citation dismissed in light of an officer failing to appear. Other similar strategies include changing the venue to a location as far away as possible from the police station where an officer is stationed, as well as schedule hearings close to holidays, long weekends, or other dates that may increase the likelihood of an officer appearing.
Any violation will state the specific law a driver is alleged to have violated. By reading the exact verbiage of these laws, and breaking the requirements for conviction down into elements based on phrases included in the law, a driver may be able to prove that his or her alleged violation did not actually violate the specific law he or she is cited for violating. This method will require using officer’s notes, evidence from the scene, and any other information available to prove claims, and in certain cases, questioning officer testimony in a coordinated manner may actually cause the officer to state on record certain elements that actually demonstrate a driver was not in violation of the specific law.
Certain cases present ample chance to dispute the citation and the reason for law enforcement issuing a given citation. For example, speeding citations present room for a driver to question the accuracy of radar guns or other devices used to clock the driver’s speed. Additionally, a driver can contest the posted speed limit in a given area, or the actual speed limit allowed per state speed laws. Other cases, involving illegal turns or maneuvers, may be the result of using due caution, such as preventing an accident or other problems. This information could be used to prevent conviction.
In short, if a driver absolutely needs to prevent conviction of a given traffic violation citation, he or she should consult with a traffic violations lawyer. Handling one’s own traffic violation defense is feasible, but the likelihood of a favorable outcome increases dramatically, if a driver utilizes legal representation during the process.