Q: I received a following too close offense, can a lawyer negotiate to an offense with no points??
I am licensed in VA! Got a following too close offense, was NEVER ASSIGNED court, (Was. County) did not request a court date in time -30- day window- and there was none assigned. Can someone help me reopen the case, (they said all I can do is write a letter, ).and then negotiate down to a 0 points offense,?? I can.not. afford points in any way!!!
A:
You have two situations at hand.
The first is requesting that the court recall your "failure to comply" suspension, which occurred when you failed to appear for your court date. This can be accomplished by informal written request, formal motion and/or the necessity of you having to submit the fine listed on the citation, in advance, as "collateral" for your court date. Much could depend on the particular jurisdiction in which the case lies.
The second concerns retaining an attorney to represent you in court. If you have a decent driving record, you may be entitled to "probation before judgment," a disposition where the court withholds a guilty finding on your record and you avoid the point(s) associated with your violation. I wonder, however, since I see you posted your inquiry whether you have a Maryland license or a D.C. license, which could make a difference in terms of your concern about a point assessment for the offense.
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