My son has a ticket in Fauquier County VA for speeding.

Asked almost 3 years ago - Bristow, VA

The description was written as Failure to Obey 64/55 with the code as 46.2-870 (which I understand is the speeding code) but the court docket shows him appearing for Failure to Obey 46.2-830 (which I understand is the code for failure to obey). Since his ticket is written for a different code than what's on the docket, can he get off on the technical?

Attorney answers (3)

  1. Darwyn Levon Easley

    Contributor Level 7

    1

    Lawyer agrees

    Answered . A summons must advise a person of the charged offense and court date. Despite the additional language written by the officer, the listed code section generally trumps. Thus, your son has been advised, pursuant to the listed code section (46.2-870), that he has been charged with violating the law by speeding 64/55. This sounds more like a clerical error by someone inputting information in the clerk's office and not a legal technicality that would likely cause the charge to be dismised.

    Darwyn L. Easley
    www.easleyfirm.com

  2. Alexander John Gordon

    Contributor Level 8

    Answered . Probably not.

    The summons itself is not evidence in Virginia and the description is adequate to put your son on notice that he is accused of failing to obey the speed limit under Virginia Code section 46.2-870.

    Code Section 46.2-830 is failure to obey a highway sign, which is different offense.

    Both charges as written are 3 point violations according to the DMV. The maximum fine for both is $250.00. You can usually pre-pay the fine for less than that amount. A lawyer may be able to negotiate a resolution with no points. However, if your son is under 18, multiple traffic infractions may result in a license suspension.

    Talk to an attorney that practices in Fauquier on a regular basis if you need to pursue defending this further.

  3. Derek Michael Smith

    Contributor Level 16

    Answered . You should contact an attorney in your area that does speeding ticket defense. They will be able to help you with your situation and give you advise.

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