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yangsoo
Nov 24, 2006, 02:02 PM
Happy Thanksgiving!

I'm a Virginia resident.
Last Mon (11-20) was my court date. There at GDC, I got fined $172(Incl. court processing fee) for my first speed violation in my life. My cahrge was for driving at 57 at 35 zone. I've been behind the wheel nearly 8 years in this country. My record is absolutely clean.

Many people had told me that judges are usually generous for first-time violators. Those gave me a firm belief that I wouldn't get fined and my case would be gone if I'm not involved in any violation for a year or so. That's why I just plead guilty and did not argue about what I had to. I was too naïve.

My question:
I paid the fine on that day. Can I still appeal?

My argue points are:
1. There was no intention at all in the violation. I thought the newly expanded road was 55mph. I simply missed the sign.
2. I am a very cautious and safe driver. On that day too, I was rather driving at 5 miles below speed limit which I thourght was 55, not 35.
3. I was not driving at 57. I was driving at 50. I know it because I set cruise control. My car is kind of new and the gauge works perfectly.
4. I think there must be difference in penalty between intentional violator and unintentional violator like me. My penalty is too heavy.
5. The trooper told the judge that the area was construction zone where there were construction workers moving around. It was evening and there were no construction activities nor workers moving around and, that's why I didn't recognize it was construction zone. Had there been such activities or people, I would have been very slow no matter what speed limit was in that area. Besides, the construction is on the other side of the road (to be precise, it's bridge newly being built) which is fenced with concrete dividors.

Please somebody give me an answer if I can appeal and if yes, how?

Thank you very much

Fr_Chuck
Nov 24, 2006, 02:20 PM
If you pleaded guilty, no there is no appeal,

1. and 4 It does not matter if you intended or it was just an accident, speeding is a statutory law, merely breaking it is against the law, there is no way to ever prove intent of a driver, so merely the fact they were speeding is all you have.

2. Yes you are a safe driver most of the time, so are 94 percent of all drivers, you were speeding, you got caught, it happens.

3. If the officer used Radar, you were going the speed he said, perhaps you were going down hill, or around a curve. If not your speedometer is off, Radar equipment are tested each day to be exact.

6. Ok, if it is consturction zone, it does not matter if it was 2 am on christmas and everyone is home, it remains a construction zone, 24 hours a day, for speed restrictions.

And on appeal, you have to find fault or new evidence, all of what you complained about was known and could have been presented at the orgianl case.

But it really does not matter, you were speeding in a construction zone, that is how US law works.

And lastely, it is just a speeding ticket, not a murder charge, we all get them, some of us more than others. You paid you fine, you were guilty, get over it