If you’ve been issued a ticket for committing a traffic offense, you have two options to resolve the ticket: 1) you can prepare the ticket and avoid having to go to court, or 2) you can go to court to challenge the ticket. If you prepay the ticket, it’s taken as an admission of guilt, and you will be assessed a fine, and the Department of Motor Vehicles will assess demerit points. If you decide to challenge the ticket and go to court, the officer and/or prosecutor will have to prove beyond a reasonable doubt that you are guilty of the traffic offense. If you elect to challenge the ticket and go to court, it’s best that you hire a criminal defense attorney to go with you, because if you plead not guilty, you will have a trial, and the rules of criminal procedure and evidence will apply. You need a Fairfax traffic lawyer from The Leiva Law Firm to represent you in court, whether to negotiate a deal or defend against the accusations.
Some people do not realize that a Fairfax lawyer can often change the outcome of a traffic ticket. The first thing to know is that your ticket tells you whether you can prepay or must appear in Fairfax County General District Court. If you want to contest the charge, you appear on the date listed, and the judge hears evidence at a bench trial.
Just like a regular trial you see on TV, you will plead not guilty, and the judge will conduct a trial. At trial, the police officer who cited you will testify, your lawyer can cross-examine, and you can present witnesses or documents. If the judge is not convinced that you are guilty beyond a reasonable doubt, the ticket will be dismissed. If the judge finds you guilty, your punishment will be announced on the spot.
The Leiva Law Firm reviews your ticket, the body camera footage from the police officer, and the officer’s notes, looking for errors or discrepancies. We also challenge radar or LIDAR calibrations, improper stops, and identity or speed estimates. If a case dismissal is not possible, just like any other plea bargain, your traffic attorney can negotiate with the prosecutor to reduce your ticket in Fairfax to a non-moving violation so that you are not assigned demerit points. Driving school is another alternative sentencing tool.
Your first court date is usually the trial date listed on the ticket. A Fairfax traffic violation defense lawyer can help you request a continuance to gather records, complete driver improvement school, or fix equipment issues. Contested hearings often wrap up the same day.
If you are convicted of a traffic infraction, the court clerk’s office will report your conviction to the DMV. Virginia uses a demerit point system to record a driver’s traffic citations. These demerit points are DMV penalties added to your driving record for each moving violation. When the court reports a traffic conviction, the DMV posts those points to your record, where they can remain for up to 10 years. Some convictions, like reckless driving (which is a criminal offense), stay on your record for as many as 11 years.
A traffic lawyer can help you understand how this process may affect your record in Fairfax.
The Leiva Law Firm prepares you for your testimony, organizes exhibits, and ensures your defense is presented clearly and persuasively. Your Fairfax traffic lawyer will push for a dismissal if the prosecution’s proof falls short, and if not, seek a reduction for a clean record or request traffic school when leniency is appropriate. Our goal is simple: protect your record, your license, and your wallet.
The Leiva Law Firm, led by attorney Manuel Leiva, has been practicing law across Northern Virginia for over 25 years. We have represented hundreds of folks in traffic court and helped get their infractions reduced or dismissed altogether. Call or contact our team now to set up a time to meet.
LEIVA LAW FIRM
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