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Q: Moving Violation (improper right turn at red lt) in Arlington County, Virginia ( No Answer,   4 Comments )
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Subject: Moving Violation (improper right turn at red lt) in Arlington County, Virginia
Category: Relationships and Society > Law
Asked by: lutfemil-ga
List Price: $10.99
Posted: 23 Feb 2005 14:19 PST
Expires: 25 Mar 2005 14:19 PST
Question ID: 479610
My driving record is clean. I was cited for improper right turn at a
red light in Arlington County VA. I make this right turn frequently.
In this particular instance, I slowed down as I approached the light,
made brief full stop and checked for oncoming traffic from the left
side, saw it was clear and proceeded to turn right. A minivan behind
me made the same right turn. At the next stop light, I saw an
Arlington County police car behind the minivan and he was calling out
through the speaker for a  "VW Golf wagon" to pull over. I wasn't sure
it was me because my car was a VW Passat sedan so I didn't pull over.
Only after he got behind me that I pulled over. He asked me if I knew
why he pulled me over and I said I didn't. He told me that I didn't
stop at the red light before turning right, and gave me a citation for
improper right turn at a red light.

With two young children in the car, I always drive carefully as
evident by my spotless driving records.

Even though this is just a 3-point/3-yr moving violation, I would like
to keep my driving records clean. I know I followed the right
procedure in making the turn, but I am willing to take a driver's
improvement class to suspend the case and keep my records clean.

1. Should I plead not guilty or no contest? 
2. If I plead not guilty, what would happen? Would I have to return to
the court for the hearing? Would the judge still consider a driver's
improvement class if I plead not guilty?
3. If I plead no contest, how do I say it so that the judge would
consider a driver's improvement class? I am afraid that the court
would be busy and the judge would just wave me off to pay the clerks.
(That's what happened to my husband in the Alexandria City court when
he pleaded no contest).
4. Is it worth consulting with a lawyer? 

Thanks.

Clarification of Question by lutfemil-ga on 23 Feb 2005 14:22 PST
Please answer by February 28, 2005. Thanks.

Clarification of Question by lutfemil-ga on 01 Mar 2005 07:28 PST
Thank you danield and others. 

I went to court today, pleaded not guilty and had to wait for the
officer to come from another court room. The judge heard our
explanation, and I questioned the officer (who looked shaken) about
where he was and why he was calling out for a wagon when I was driving
a sedan. The judge lowered the fine and the point. I was hoping for
Probation before Judgment, but what I got was still better than paying
the full fine by mail and be assessed the full points on my driving
record. Even with full points, my record points would still be
positive, but this will hopefull have less impact on my insurance
rate.

Thanks!
Answer  
There is no answer at this time.

Comments  
Subject: Re: Moving Violation (improper right turn at red lt) in Arlington County, Virginia
From: just4fun2-ga on 23 Feb 2005 14:52 PST
 
Fight it.  - Just go to court and tell them that you are going to
fight the ticket.  They will reduce the penalty and then try to get
you to plead guilty.  Just say no - you want a court trial.  They may
just drop the charges.  If you lose ask the judge for driving school.
Subject: Re: Moving Violation (improper right turn at red lt) in Arlington County, Virginia
From: david1977-ga on 23 Feb 2005 17:54 PST
 
If you did not come to a full stop then that would be a reason.
Subject: Re: Moving Violation (improper right turn at red lt) in Arlington County, Virgin
From: daniel2d-ga on 24 Feb 2005 00:06 PST
 
#1.  Go to court with a copy of your driving record.
#2.  If the officer is not there (ask before entering a plea if the
officer is present) plead not guilty.
#3.  If the officer is present you could plead not guilty but then if
would be your word against the officer's.  Unless you were very
convincing the judge would nost likely find you guilty.
#4.  Plead guilty - with an explanation.  Explain you don't believe
you committed the violation but that you also belive the officer
wouldn't have ticketed you unless you committed the violation.  You
have clean driving record - hand it to the bailiff to give to the
judge, and ask for Probation Before Judgement.  Which means you are
not found guilty but put on probation for a year or so conditioned on
not getting any more tickets.  Let the judge decide whether you need
driver school or not.  Don't volunteer for it.

Points may raise your insurance rates so going to court on the ticket
is preferable to the alternatives.

Of course, this is not legal advice.  You can always consult with an
attorney before you go to court.
Subject: Re: Moving Violation (improper right turn at red lt) in Arlington County, Virgin
From: daniel2d-ga on 24 Feb 2005 00:08 PST
 
PBJ may mean you have to pay a court fee but no fine or points will be assessed.

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