Traffic attorney explains how to beat a traffic ticket in traffic court

Summary

In this video, Luke from Nichols and Green Law Firm offers advice for individuals facing traffic court without an attorney. He emphasizes the importance of understanding the specific traffic laws and charges against you, suggesting to read the relevant code sections. Luke advises seeking free consultations with traffic attorneys to gain insights and avoid legal pitfalls. He also covers strategies like trial by letter for minor offenses, presenting evidence effectively in court, and understanding the court process. Additionally, he warns against common mistakes like lying to the court and provides guidance on plea options and trial procedures in Virginia.

Takeaways

• 📖 Read the actual law: Understand the code section and offense you're accused of to prepare your defense.
• 🚦 Be aware of misnomers: Charges like 'reckless driving' may not mean what you think; know the specifics of the law.
• 🆓 Utilize free consultations: Traffic attorneys often offer free consultations which can provide valuable advice.
• 💡 Consider trial by letter: For minor infractions, some courts allow you to send a letter with evidence instead of appearing in person.
• 🔒 Bring evidence to court: Ensure all evidence is in a format the court can accept and do not leave it in your car or on your phone.
• 🤝 Negotiate with prosecutors: If your case has one, negotiation might be possible and can't hurt your case.
• ⏰ Understand court procedures: Know if your case will be assigned a prosecutor and when to negotiate with them.
• 🚫 Avoid the continuance game: In Virginia, officers are required to attend court, so delaying tactics are less effective.
• 🔍 Check for errors on your summons: Typos may prevent a ticket from being added to your DMV record, but don't correct them in court.
• 👮‍♂️ Be respectful and professional: Your behavior and appearance can influence the judge's perception and decision.

Q & A

What is the first step one should take when preparing to defend themselves in traffic court?

The first step is to read the code section associated with the offense listed on the traffic ticket to understand the actual law and requirements.

Why is it important to read the actual law and not just rely on a vague understanding of the offense?

Reading the actual law helps to understand the specific requirements of the offense and to prepare appropriate arguments and defenses, which can increase the chances of a successful defense.

What is a common misconception about reckless driving by speed?

A common misconception is that one must be driving dangerously to be charged with reckless driving. However, in Virginia, driving more than 20 mph over the speed limit is considered reckless driving, regardless of driving behavior.

Why should someone consider a free consultation with a traffic attorney before representing themselves in court?

A free consultation with a traffic attorney can provide helpful tips and advice, and it can clarify whether the charge is more serious than initially thought, such as a criminal offense that could go on one's permanent record.

What is 'trial by letter' and under what circumstances can it be used?

'Trial by letter' is an option in some courts where one can send a written letter with any proof to the court, which is then considered by the judge when the case is called. It works best for minor infractions like fix-it tickets.

Why is it crucial to bring all evidence in a format acceptable to the court?

Courts often do not allow electronic devices like phones, so having evidence in a hard copy format ensures that it can be presented effectively during the trial.

How can one find out if their traffic case will be assigned a prosecutor and if they can negotiate with the police officer?

By calling the clerk's office or the prosecutor's office in the county where the case is filed, one can determine if a prosecutor will be assigned and if there is an opportunity to negotiate with the police officer.

What is the impact of errors or typos on the summons or traffic ticket?

Errors on the summons or ticket, such as incorrect name spelling or wrong driver's license number, do not typically result in case dismissal. Instead, they may prevent the ticket from being accurately recorded on one's DMV record.

Why should one not ask the judge to do something beyond their legal authority?

Asking the judge to do something beyond their legal authority is futile and can be irritating to the judge, as it shows a lack of understanding of the legal process and the judge's role.

How should one prepare when planning to quote case law or statutes in court?

One should print off the relevant case law or statutes and bring them to court to present to the judge, as judges are not expected to memorize every law or case and need to see the information in writing.

What is the significance of understanding the difference between mitigating evidence and a defense in a traffic court case?

Understanding the difference is crucial because a defense is used to argue innocence during the trial phase, while mitigating evidence is used to argue for leniency during sentencing. Confusing the two can lead to ineffective representation.

Why is it important to be concise and to the point when presenting one's case in traffic court?

Being concise is important because traffic courts often have a high volume of cases, and judges have limited time to hear each case. Being able to communicate effectively and quickly can increase the chances of a favorable outcome.

Outlines

00:00

📚 Understanding Traffic Court Basics

In this paragraph, Luke from Nichols and Green law firm introduces viewers to the basics of defending oneself in traffic court. He acknowledges that not everyone can afford a traffic attorney and that not every case requires one. Luke advises viewers to read the code section associated with their traffic ticket to understand the law they are accused of breaking. He uses the example of reckless driving by speed to illustrate how people often misunderstand the charges against them. Luke emphasizes the importance of knowing the actual law and preparing arguments based on it. He also suggests calling a traffic attorney for a free consultation to get helpful tips and advice, especially for more serious charges that might have lasting consequences on one's record.

05:00

💡 Strategies for Navigating Traffic Court

Luke continues by discussing strategies for those representing themselves in traffic court. He mentions the option of trial by letter, where one can send a written argument and evidence to the court, which can be effective for minor infractions. He advises against leaving evidence in the car or on a phone, as courts may not allow phones inside. Luke also talks about the possibility of cases being assigned a prosecutor and the importance of finding out if one is assigned and when, as this can affect one's ability to negotiate. He explains that negotiating with a prosecutor has no downside, as one can always take the case to the judge if unsatisfied with the offer.

10:01

🔍 Dealing with Prosecutors and Errors in Traffic Court

This section delves into the dynamics of negotiating with prosecutors and the common practice of officers showing up for their assigned court dates. Luke clarifies that in Virginia, officers are less likely to skip court due to the system's structure, which assigns them a specific court date for all their cases. He also addresses the issue of errors in traffic tickets, advising against correcting them in court as it may lead to a more accurate record being sent to the DMV. Luke stresses the importance of understanding the judge's authority and not asking for actions they cannot perform, such as reducing demerit points for certain tickets.

15:01

👔 Presenting Yourself in Court and Understanding Trial Procedures

Luke discusses the importance of appearance and behavior in court, suggesting that presenting oneself as a responsible citizen can influence the judge's perception. He warns against lying to the court and emphasizes the importance of understanding the trial process, including the difference between presenting a defense and mitigating evidence. He explains that defenses are presented during the trial phase to argue innocence, while mitigating evidence is presented during sentencing to argue for leniency. Luke advises being concise and prepared when speaking in court, as judges have limited time for each case. He also explains the common pleas in Virginia and the implications of each, including the difference between 'not guilty' and 'guilty with an explanation' pleas.

📆 Navigating the Court Date and Seeking Professional Help

The final paragraph addresses the possibility that the first court date may not be the trial date, especially in cases involving witnesses or accidents. Luke advises calling the clerk's office to understand the process. He offers free consultations for those with traffic or criminal offenses in Northern Virginia, emphasizing the firm's willingness to help. The paragraph concludes with a reminder of the practical tips provided and an invitation for viewers to seek further advice if needed.

Keywords

💡Traffic Court

Traffic Court refers to a specialized court that handles cases related to traffic violations. In the script, the speaker discusses the importance of understanding how to defend oneself in traffic court, especially when one cannot afford a traffic attorney. The video aims to provide guidance on navigating this legal process, emphasizing the need to be prepared and knowledgeable about the charges one is facing.

💡Traffic Attorney

A Traffic Attorney is a legal professional who specializes in representing clients in traffic-related cases. The script mentions that while not every case requires a traffic attorney, seeking a free consultation can be beneficial. The speaker suggests that a traffic attorney can provide valuable advice and help individuals understand the seriousness of their charges, which might be more severe than initially thought.

💡Reckless Driving

Reckless driving is a traffic offense that involves driving in a manner that is dangerous to the public. The script uses this term to illustrate a common misunderstanding where individuals may believe they were not driving recklessly, but the law defines it based on specific criteria such as exceeding the speed limit by a certain amount. The speaker clarifies that the term 'reckless driving' in legal terms does not always correlate with driving behavior but can be tied to the speed at which one is driving.

💡Code Section

A Code Section refers to a specific part of a legal code that details a law. The script emphasizes the importance of looking up the code section associated with one's traffic offense to understand the exact legal requirements and definitions. This knowledge is crucial for preparing a defense, as it allows individuals to understand the specific law they are accused of violating.

💡Free Consultation

A Free Consultation is a service provided by some professionals, including lawyers, where they offer initial advice or guidance without charge. In the context of the video, the speaker encourages individuals to take advantage of free consultations with traffic attorneys to gain insights and possibly avoid common pitfalls in representing oneself in court.

💡Trial by Letter

Trial by Letter is a process mentioned in the script where individuals can submit a written defense to the court, including any evidence, in lieu of appearing in person for a minor traffic infraction. This method is suggested as a practical alternative for those who cannot attend court, with the hope that the judge will consider the letter and possibly dismiss the charge.

💡Prosecutor

A Prosecutor is a legal representative who presents the case against a defendant in a court of law. The script discusses the variability in whether a prosecutor is assigned to traffic cases and the importance of understanding this aspect of the legal process. Knowing whether a prosecutor will be involved can influence one's strategy, such as the possibility of negotiating a plea deal.

💡Continuance

A Continuance is a postponement of a legal proceeding to a later date. The script warns against relying on the strategy of obtaining multiple continuances in the hope that the officer or witness may not appear in court. This tactic is noted as less effective in Virginia due to the structured court system where officers are required to attend on specific dates.

💡Mitigating Evidence

Mitigating Evidence is information presented in court to reduce the severity of the punishment, even if guilt is admitted or proven. The script differentiates between mitigating evidence and a defense, explaining that mitigating evidence is presented during the sentencing phase to argue for leniency, rather than during the trial phase to dispute guilt.

💡Pleading

Pleading refers to the formal declaration by the defendant in response to the charges. The script outlines the types of pleas available in Virginia, such as guilty, not guilty, and guilty with explanation, and the implications of each. Understanding the plea options is crucial as it affects whether one will have a trial and the opportunity to present a defense.

Highlights

Not everyone needs to hire a traffic attorney, and sometimes self-defense in court is a viable option.

It's important to read the actual law when you receive a traffic ticket to understand the offense and prepare a defense.

Reckless driving laws may not be what they seem; driving 20 over the speed limit can be considered reckless, regardless of driving behavior.

Free consultations with traffic attorneys can provide valuable tips and advice before representing yourself in court.

Some courts allow trial by letter for minor traffic infractions, which can be an alternative to appearing in court.

Evidence for your case should be brought to court in a format that can be easily reviewed by the court.

In Virginia, not every county assigns prosecutors to traffic infractions, so it's important to find out if your case will have one.

Negotiating with a prosecutor can be beneficial as there is no downside, and you can always take the case to the judge if unsatisfied.

In Virginia, officers are assigned a specific court date to prosecute all their cases, making it unlikely for cases to be dismissed due to officer absence.

Errors on the summons, such as incorrect personal information, may not be in your favor and could lead to the ticket being easier to assign to your record.

Judges do not have the authority to decide on point assignments for tickets or mandatory punishments in some cases.

When presenting case law or statutes in court, ensure you bring printed copies for the judge to review.

Understand which laws and cases are relevant to your judge's decision-making process before presenting them in court.

Your behavior and appearance in court should align with your arguments; professionalism can influence the judge's perception.

Honesty is crucial; never lie to the court, and if necessary, exercise your right to remain silent.

Understanding the trial process is key to not irritating the judge; know when it's your turn to speak and what evidence to present when.

Be concise and to the point in traffic court; judges have limited time for each case, so be prepared to communicate quickly.

Differentiate between mitigating evidence and a defense; present defenses during the trial phase and mitigating evidence during sentencing.

In Virginia, pleads of 'no contest' are treated the same as 'guilty', so understand the implications before pleading.

If your case involves witnesses, your first court date may just be a hearing, not a trial, so be prepared for a possible continuance.

Transcripts

hello Luke here with the law firm of

Nichols and green and I'm going to tell

you some of the things you need to know

about defending yourself in traffic

court now not everyone can afford to

hire a traffic attorney and not every

case requires a traffic attorney

sometimes it just makes sense to go in

and try to defend yourself so when that

situation happens here's some tips that

going to help you out help things go a

little bit smoother and help increase

your chances of being successful when

you get a summons or a traffic ticket

there usually is a description that says

the name of the offense you're accused

of committing and a code section go and

look that code section up and read the

actual law a lot of people don't

understand what they've been accused of

doing they kind of understand it vaguely

but they don't really know what the

requirements of the law are read it find

out whether or not that's what you did

and then prepare arguments and defenses

about that law you see this problem a

lot with reckless driving by speed um

somebody gets charged with reckless

driving when all they were doing was

driving 78 and 55 okay and nobody else

was around there's no weaving they were

swerving they weren't being dangerous

and they're like I wasn't being Reckless

and they go to court and they spend all

this time arguing with the judge about

how they weren't being Reckless but if

they read the law and looked up 46.2

d862 they would see that the name

reckless driving is a bit of a misnomer

the crime has really nothing to do with

whether you're driving recklessly or not

what it has to do with is how fast F

your driving anyone going more than 20

over the speed limit is guilty of

reckless driving that's what the law

says so you got to read the law and not

and just look at the title of the law to

know what you're accused of almost every

traffic attorney I know including myself

and my law partner we do free

consultations so call a traffic attorney

and get a free consultation before you

decide to go and represent yourself you

never know when we might be able to

offer you some helpful tips or advice or

when you're facing a more serious charge

than you originally thought for instance

reckless driving by speed a lot of

people think they just got a speeding

ticket and then lo and behold when they

go to court turns out it's a criminal

offense that goes on their permanent

criminal record so it's a lot more

serious than they thought and because

they're not lawyers they didn't

understand Virginia's weird traffic laws

so call an attorney for a free

consultation to get some tips and advice

and to help avoid dangers and uh common

booby traps if you want to fight your

case but you can't show up to court

write a letter instead a lot of courts

with minor traffic infractions will

allow you to do trial by letter what you

do is you write a letter and include any

proof you have and send it to the court

the clerks will include it in the file

and when the judge calls your case

they'll see it read it briefly and make

a decision this works best with minor

fix it tickets like window tin

violations broken tail lights uh expired

registration thing like that things like

that go and get it fixed get proof that

you've gotten it fixed either a

photograph of the card that's all

repaired a receipt from the mechanic

shop a copy of the past inspection

whatever it is send a copy of that to

the court with a brief letter saying I'm

sorry I did this this is why I was

expired I got it fixed you know please

dismiss the charge send something like

that in a lot of Judges when they see

the proof and they see the letter

they'll go ahead and dismiss it on your

court date sometimes with court costs

sometimes without so if you can't make

it to court instead of just not showing

up or prepaying it try sending in a

letter instead don't leave your evidence

in your car don't leave your evidence on

your phone most courts won't let you

bring your phone into court so if you

show up to court and you're like oh I

got it on my phone tough luck okay um

the judge isn't going to stop the trial

to let you run back out to your car to

go get something so make sure you bring

everything you need to the podium you

have all your evidence right there and

you have it in a format that the court

can see okay if you've got it on a phone

and they won't let you bring it in the

phone it's out Lu so you know print

stuff off have hard copies that's the

safest way to do it find out whether

your case will be assigned a prosecutor

in Virginia not every County assigns

prosecutors to traffic infractions some

counties only assign prosecutors to

traffic tickets if an attorney uh is

representing the defendant so it really

depends each County does it their own

way each state does it their own way

sometimes the officer can act as a

prosecutor and sometimes they don't so

call up the clerk's office call up the

prosecutor office in your county find

out whether or not your case will have a

prosecutor and find out whether or not

you can negotiate with the police

officer then find out when that

prosecutor will be assigned to your case

in Fairfax County for instance

prosecutors are assigned to the case the

morning of trial so there's nobody to

talk to prior to trial you go to some of

the rural counties in Virginia they

assign prosecutors in advance or they

have kind of a a wild card prosecutor

that you can call any time to negotiate

so call the prosecutor's office find out

if there's somebody to negotiate with

and when you can negotiate with them

negotiating with a prosecutor usually

doesn't have any downsides because if

you don't like what the prosecutor has

to say if you don't like what they're

offering you you can always reject their

offer and take your case straight to the

judge so you're not really losing

anything by negotiating with the

prosecutor but you are gaining one

opportunity to convince somebody to give

you what you want a lot of people try to

play the continuance game they try to

get lots of continuances to see if the

officer won't show up this works in some

jurisdictions and it doesn't work in

others it doesn't really work well in

Virginia because in Virginia each

officer is assigned a court date one

court date per month or one court date

every two months and all the cases that

they have are prosecuted on that day so

if an officer goes out and writes 150

tickets throughout the month they show

up to court and they prosecute all 150

tickets on that month what this means

then is that the officer has to show up

to that court date or a month's worth of

work or two months worth of work goes

down the drain so there's a lot of

incentives for officers not to just not

show up additionally in Virginia you can

be held in contempt of court for not

showing up if an attorney doesn't show

up if a witness doesn't show up if a

police officer doesn't show up these

people can be held in contempt of court

and I've seen officers be issued

warrants for contempt of court for

failing to show up on a case it's a very

serious uh matter uh additionally police

officers can lose their jobs or they can

be sanctioned or they can have serious

repercussions on their careers if they

simply blow off court dates if an

officer is sick or injured or involved

in an accident or delayed because of

police duties they'll call the court or

their supervisor will call the court and

their cases will simply get continued to

the next court date really the only time

you see officers not showing up in their

cases being dismissed is when they leave

the police force and that only happens

in very rare cases so less than 1% of

the time does uh simply uh the officer

not showing up ever affect the outcome

of a case in Virginia in other states

that might be a thing that works but not

so much here in Virginia it's really

common for the information on people's

summons to contain typos or errors

you'll get into court and your name is

spelled wrong on your ticket or your

date of birth is wrong or your driver's

license number is wrong don't correct

this um don't feel a need to tell the

court oh you spelled my name wrong you

got my date of birth wrong you got my

license number wrong um the reason why

is this information that information is

how the DMV knows whose record to put

that ticket so if the officer or the

clerk or somebody writes my name down

wrong my date of birth wrong or my

driver's license number wrong on the

ticket or in my court information and I

get convicted of that ticket that

information is sent to the DMV and the

DMV uses that information to try to

figure out whose DMV record that

information goes on well I don't want it

on my DMV record so why would I correct

them to help them more effectively find

my record if they typo my name bad

enough or they typo my driver's license

number bad enough they may not be able

to go and put it on my DMV record and

that happens every once in a while so if

you see an error on there it's not a

defense it's not going to fact your name

spelled wrong isn't going to get your

case dismissed the judge isn't going to

make any hay out of it they're just

going to correct it and then you're

ticket's going to go on your record that

much easier so don't get hung up on that

sort of thing a lot of people come into

court and ask the judge to do something

that they do not have the legal

authority to do um so don't waste your

time and energy doing that find out what

they can do and then ask them to do that

okay so for instance in Maryland judges

sometimes have the power to be able to

decide how many points come with a given

ticket Virginia they do not have that

Authority the judge has no control over

how many points you get for a given

ticket so don't ask them it just annoys

them they hear it all the time and you

know just doesn't do any good

additionally certain tickets come with

mandatory punishments so if you have an

HOV ticket there are mandatory fines

your first offense is $125 your second

offense is $250 your third offense is

$500 the judge doesn't have a choice

that's what the law says they have to do

so if you want the judge to do something

for you you have to ask him to do

something that they have the power and

authority to do so read the law ask

around talk to the clerk's office talk

to an attorney find out what the judges

can and can't do if you're going to try

to quote case law or statutes make sure

you print it off and bring it to court

uh judges don't have every law memorized

they don't have every case memorized and

if you're going to present them

something new make sure you print it off

so that they can read it themselves

they're not going to just take your word

for it or take your interpretation for

it and additionally they're in a hurry

so they can't stop and do all this legal

research while there's 150 people

waiting to have their case heard in the

same court so print off what you have

bring it with you to the podium and if

you're going to quote a statute or case

law hand it up to the court and say here

I brought printed off the case please

take look at this and you'll see that

this case says this and I think because

of that case my case should be dismissed

so make sure you print it off if you're

going to quote case law if you're going

to try to read the law and bring laws to

court make sure you understand which

laws control your judge's decisions and

which laws do not which cases control

his decision-making process and which

ones do not for instance here in

Virginia Ohio statutes are irrelevant

and Ohio Court decisions are irrelevant

so if you come here with a court case

from Ohio no one cares this ain't Ohio

if you come in with a federal court case

most of the time those are irrelevant

too unless they're dealing with

constitutional issues or some special

exceptions you got to make sure you have

the laws that govern in this particular

situation addition Al published cases

control unpublished cases do not so

don't come in with an unpublished case

and try to argue that it's a law don't

come in with legal treatises or books

written by lawyers those things don't

govern

either so if you're going to come in

with cases and statutes make sure you

understand which ones control the

judge's decision-making process and

which ones do not and come with the

right ones make sure your behavior and

your appearance support your arguments

if you want the judge to believe you're

a responsible citizen you're an honest

witness you're a good driver dress the

part act the part if you come in really

aggressive if you come in uh making

blanket accusations against the officer

that sort of thing turns people off and

makes them think wow they're really

wound up they they'll say anything to

get out of this case um so keep calm

keep professional dress up up nicely or

it doesn't have to be fancy it doesn't

even have to be a suit and tie but just

you know present yourself yourself well

and uh that goes a long way um wearing a

suit and tie or dressing up won't make

you win your case but if you dress

trashy if you act rudely if you don't U

take it seriously that can certainly

cost you your case never lie to the

court if you can't tell the truth

exercise your right to remain silent but

never lie don't try to fudge things

don't try to exaggerate tell it how it

is and if the truth hurts you keep your

mouth shut oh I can't tell you how many

times people have ruined their case

because they tried to fudge or

exaggerate about something little the

judge caught them and then he thought

they're a liar and they disregarded all

their other testimony so just tell the

truth tell it like it is don't

exaggerate understand how trials proceed

okay a lot of people get confused and

they get in arguments with the judges

because they don't understand how trials

work okay in Virginia the way a basic

trial works is the prosecutor officer

gets to speak first they tell their

story then you get an opportunity to ask

them questions but only ask them

questions you can't make statements just

get to ask them questions after you're

done asking them questions then you get

a chance to tell your story and the

prosecutor or the officer gets to ask

you

questions once that's done the judge

decides whether you're innocent or

guilty and then they move on to the

sentencing phase this is is where you

talk about things that don't have any

bearing on whether you're guilty but

affect how serious or or harsh your

punishment should be so that's when the

mitigating evidence comes in and first

the prosecutor officer gets to speak and

then you get to speak the biggest the

most common way people irritate the

judge is by trying to explain things

when they're supposed to just be asking

questions or when it's the other

person's turn to talk understanding how

we take turns in a trial is important

just to keeping on the good side of the

judge get to the point quickly traffic

court moves quickly the judges don't

have a lot of time to deal with any one

case Fairfax County for instance a

single judge may have to hear 200 cases

in 3 to 4 hours that's seconds per case

so if you think a judge is going to

spend 15 minutes listening to your

defense that's not going to happen make

sure that you can say everything you

want to say in seconds not minutes

before going and standing up in front of

the judge write down what you want to

say put it on a little note card on a

piece of paper have it there so you can

either read straight off it or use it to

keep yourself on point don't be afraid

to do it this isn't drama club it's not

theater the important thing is

communicating quickly and effectively

and if having notes and writing down

what you want to say helps you do that

that's great do it understand the

difference between mitigating evidence

and a defense a defense is an Evidence

or argument that you're innocent

mitigating evidence is an argument that

even though you're guilty you shouldn't

be punished harshly you should be shown

Mercy defenses happen during the trial

mitigating evidence happens during

sentencing common problem is people who

are representing themselves get the two

confused and they start offering

mitigating evidence during the trial and

they offer defenses during sentencing

don't do that so here's a really common

example uh arguing that the officer's uh

radar is en calibrated that's a defect

okay that should be brought up during

trial not after you're found guilty um

evidence that your speedometer is

inaccurate so you didn't realize you

were speeding that's mitigating evidence

not a defense you're admitting you're

guilty but you're trying to explain why

you didn't mean to do it why you

shouldn't be punished for doing it that

should come up during sentencing in the

state of Virginia there's only a handful

of pleas you can do there's guilty not

guilty no contest and there's guilty

with explanation pleading no contest or

no contend rate is essentially the exact

same thing as a guilty plea in the state

of Virginia in other states there's an

important legal significance between no

contest and the guilty plea but not so

in Virginia it's all the same

thing if you plead guilty but you want

to explain why you should be punished uh

lightly or you have some explanation of

why you'd like the judge to still not

find you guilty even though you are

guilty then you say I'm pleading guilty

with an explanation and the judge will

let you explain what mitigating evidence

you have but the important thing to

remember is if you plead guilty you're

not going to have a trial the judge is

not going to hear defenses okay if you

want to offer defenses if you want to

explain why you are not guilty make sure

you plead not guilty in most places in

Virginia and a lot of other states as

well if there's an accident case or

there's a case that involves Witnesses

your trial may not be at the first court

date it's a very common practice here in

Virginia for the first trial date to

Simply Be a hearing they don't subpoena

the witnesses they don't inconvenience

the civilians Witnesses by bringing them

to court when 90% of the cases work

themselves out so what they do is the

first court date they come to court they

ask you what you're going to plead and

if you plead not guilty they say okay

they give you a continuance they set a

new date and then they bring the

witnesses so if you were involved in a

car accident and ticketed because of

that if the prosecution or the police

officer is going to be bringing

witnesses to court there's a really good

chance that your first court date is not

a trial date and that if you plead not

guilty we're going to make you come back

to court another day to have your trial

so if you want to know if that's the

case in your situation call the clerk's

office and ask them whether Witnesses

are going to be subpoenaed on that first

court date hopefully these tips and

suggestions have been helpful but if you

have a ticket or a criminal offense in

Northern Virginia and you would like

some free consultation some free advice

give us a call we're happy to talk to

you happy to help out thanks for

watching and have a good

day