First speeding offense

Asked over 2 years ago - Fairfax, VA

I was pulled over on Dulles toll road for doing 80 in a 55. The cop charged me for 79/55 to save me from reckless driving. Since it is my first offense I am thinking of going to court.

I am thinking of pleading guilty but how do I defend myself after pleading guilty since I was following the flow of the traffic but just was the unlucky one to have gotten pulled over. I really don't want to rack up a lot of points or fines for that matter; I have an impeccable driving record an this is just a one-off situation.

Also, I hold a license in MD if that makes any difference. Court hearing is in Fairfax, VA.

Attorney answers (3)

  1. James Stanton Abrenio


    Contributor Level 11


    Lawyers agree

    Answered . Well first you must determine whether or not it was actually a reckless driving. Reckless driving is either over 80 mph or 20 miles above the speed limit. Here, you were doing 24 miles over the speed limit. However, if he only charged it as "speeding" and not reckless, then you should be good.

    As far as points, both speeding and RD are 6 point offenses in Virginia. Note, however, I do not know how those transfer over to MD or if they will even find out. However, If you want less points, you would be in the best position by getting an attorney. Without one, you will not have access to the prosecutor in Fairfax.

    James S. Abrenio

    This answer does not create a attorney/client relationship, but is intended solely in the court of discussion. It... more
  2. Carleton Penn III


    Contributor Level 12


    Lawyer agrees

    Answered . Have your car speedomter calibrated to ensure it's reliability. If the calibartion is off, this should work in your favor. Obtain your driving record to ensure accuracy and share if a good record. You should consult and consider hiring local counsel as there are some offenses available that would not have any points if transferred to your Maryland MVA record.

  3. Martin L Bearg

    Contributor Level 14


    Lawyer agrees

    Answered . I am not licensed in VA as is my colleague, but having appeared in municipal court for speeding matters, if it is a first offense, one can usually negotiate a downgrade with the prosecutor to avoid having six points. In NJ that would result in a surcharge on your automobile insurance. I, like my colleague, highly recommend you retain an attorney to accompany you to court. It should be a flat, rather than an hourly fee, and will be worth the investment.

    While it may take awhile, there is an interstate agreement in place. If you get a violation in one state, it will be passed on to any other state you have a driver's license in, besides, in every state I am aware of, when you have to renew, there is always a question as to whether your driving privilege has been suspended in another jurisdiction. (I do not do enough of this to comment on whether points or infractions are also asked about.) A false answer to the question ca result in not only a fine, but more severe consequences. You can call the law offices of Joel Katz in Annapolis, MD to get a more precise answer. 1-410-913-3190.

    The foregoing is not intended to be legal advice upon which you may rely as I have not been retained for this purpose.

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