Virginia Motion to Dismiss Traffic Citation

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Multi-State
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US-03341BG
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Description

It is important to understand exactly what the prosecutor will have to prove should you take the ticket to trial. You can start by looking up the citation statute or ordinance number located on the face of your ticket. Every traffic infraction can be broken down into what lawyers call elements: things that must all be proven in order for a judge to find you guilty. Two elements are:


" Where you were ticketed; and
" Your unlawful action, such as going 50 MPH in a 30 MPH zone.


The prosecution will have to prove each element of the infraction.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


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FAQ

Because most traffic cases are heard at the District Court, this means there will be no jury or judge. Still, under Virginia law, a person can always appeal their conviction and even ask for a jury trial. Moreover, the Commonwealth of Virginia has to prove their case beyond a reasonable doubt to get you convicted.

When an appeal from an interlocutory decree or order is permitted, the notice of appeal shall be filed within 30 days from the date of such decree or order, except for pretrial appeals pursuant to § 19.2-398.

In Virginia you're not required to show up to court for a speeding ticket if you wish to plead guilty to the charge.

Civil case appeals from the judgments of the Court must be noted in writing within ten calendar days and must be perfected within thirty calendar days from the date of the judgment by posting the bond (includes bond amount plus court costs plus attorney fees), paying the writ tax and circuit court notice fee, and ...

The demerit points can be removed from your record after two years, but the actual conviction stays on your record for 5 to 11 years, depending on how much you were exceeding the speed limit. Additionally, you may owe fines and court costs.

As a basic rule of thumb, it is generally a good idea to fight any traffic violation that could result in more than $500 in fines or has the potential for jail time. This is because a conviction for a serious ticket can frequently also lead to a large increase in insurance premiums.

How to Get a Traffic Ticket Dismissed in Virginia Clarify your reason for taking a driver's improvement course. ... Enroll in a state-approved driver's improvement course. ... Provide your certificate of course completion to the Virginia DMV to claim your safe driver credit.

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Virginia Motion to Dismiss Traffic Citation