Driving Over 80 MPH in Virginia is A Criminal Offense
From the title, you can infer that I received a speeding ticket for over 80 in Virginia. In this lovely state, any moving violation over 80 mph is charged as a criminal offense; it is at the same level as a DUI. The maximum penalty includes $2,500 fine and up to one year of jail time. From what I have read online, there have been several attempts to reduce these penalties, but there are financial and political benefits that have kept them current.
Letters soliciting my business from Virginia lawyers reached home (Illinois at the time) almost before I did. These firms specialize in representing out-of-state residents facing criminal charges for speeding in Virginia for no less than $1000. With the threat of jail time, I can understand why some people bite, especially if they have a less than perfect driving record.
These lawyers clearly did not know this specific audience because there was no way would pay for this. First of all, I haven’t had speeding tickets since high school (mostly because I haven’t been driving that much). Second, I have recently navigated the Special Marriage Act in India as well as the U.S. Immigration process with no legal counsel, so I was feeling empowered. Third, I am currently without a vehicle and have no immediate plans for one; therefore I have no concern regarding a rise in my insurance rates.
After speaking with one law firm, I decided to write a letter to the judge. I felt confident because the officer had kindly recommended this option. I am not here to share legal advice on whether or not to hire a lawyer for speeding tickets in Virginia. The point of this post is just to warn you about this special law and to share my letter to the judge in case you ever find yourself needing to write a similar letter. Without further a due, here is a sample letter to the judge:
Alleghany County Combined Court
Dear Honorable Judge Moore,
I'm writing in regards to Case Number <Insert Case Number> with misdemeanor charge RD 89/70 SP. I am not able to be present at my 9:00am adjudicatory hearing on January 30th. Please accept this letter as testimony in place of my presence.
On Friday, January 12th, I was driving from Lynchburg, VA to my hometown of McHenry, IL. It was an unusually warm Friday afternoon with favorable road conditions. I was driving my sister-in-law's vehicle, and she and my sister were both passengers. We were returning from a one week intensive course that my sister-in-law attended at Liberty University where she is a graduate student.
The weather and road conditions were good, there was no traffic congestion, and the road was a straightaway. In these conditions, I recognize that I sometimes exceed the posted speed limit, and I admit to speeding at that time. However, I never knowingly or intentionally exceed the limit by more than 10 mph. I believe the officer clocked me at the bottom of a hill; I recognized the black car to be an official vehicle and I immediately slowed down. I don't know to what degree I was speeding, but I have no reason to believe the officer would provide a false report. For this, I apologize for putting fellow drivers and passengers at risk.
I pride myself in being a safe driver with a lifetime accident-free record. I have not received any moving violation in any state in more than ten years. I would be most grateful if you would take into consideration that my actions were not a criminal act but rather rather a traffic violation.
I appreciate your consideration and thank you for your time and service.
This story ends with me paying a fine of $194. The results from my hearing were posted within a couple days, and I was able to pay online.
