Got a speeding ticket 4 points with wrong RACE!.

In Virginia, in order to get a conviction for speeding (58 mph in a 40 moh zone, for example), the government must prove the "elements of the offense." For speeding, the government has to prove the following: 1) identify you as the driver, 2) of a vehicle being driven on a "highway," 3) in an area within the court's jurisdiction, 4) with a properly posted and visible speed limit sign indicating a 40 mph speed limit, 5) at a speed of 58 mph, 6) as measured by an accurate speed-measuring device. Marking your race as "B" is associated with identification of you as the driver. The government can overcome that issue by the Officer testifying that, yes, you are the driver of the vehicle to whom he issued the ticket. I suggest that you obtain a copy of your driving record. I suggest that you anonymously contact your auto insurance company and inquire if a conviction for speeding (58/40) for someone with your background (refer to driving record, age, sex, marital status, auto policy, etc.) would affect auto insurance policy rates and/or renewal. You can then see what is at stake if you are convicted as charged. You can also determine if the risk is great enough to seek professional assistance in this matter. By professional assistance, I mean an attorney who is experienced in evaluating cases for negotiation and trial, someone who is familiar with the rules of evidence, statutes and case law in this area of law. I suggest that you contact an attorney who can review the facts of your case, your driving record, as well as the responses of your auto insurance company, and then give you advice as to how to proceed.

In addition to the great advice given in the prior answer, I would suggest that you either take driving school to add good points to offset a possible conviction OR you can try to get driving school instead of a conviction on the ticket. You need to see your driving record before taking that approach because it must be clean. Finally, look at your drivers license and see what it says about your race to see if it matches the ticket. [This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

It seems like you are asking if the apparent mistake in identifying your race does not mandate a dismissal of the charge. The answer to this question is no. Presumably the officer will identify you as the driver and acknowldge the mistake in filling out the summons. However, the mistake may still be at least marginally important because it could be probative of the officer's attention to detail, and through skilled cross-examination it might be able to be turned into more than it initially appears. DISCLAIMER: This answer is provided as general information and is not to be considered legal advice, nor does it constitute the creation of an attorney-client relationship. For important answers to other Frequently Asked Questions about DUI, Criminal and Traffic Offenses in Virginia, visit my website at: http://www.tkevinwilsonlawyer.com/faq.cfm . T. Kevin Wilson, Esq. The Wilson Law Firm DUI, Criminal & Traffic Defense...When Results Matter 9300 Grant Avenue, Suite 301 Manassas, Virginia 20110 Telephone 888-DUI-LWYR Telephone 703-361-6100 Facsimile 703-365-7988 www.TheWilsonLawFirm.org