An Appeal to the Circuit Court.
In Virginia anyone can appeal the decision of the General District Court or the Juvenile and Domestic Relations Court within 10 days of their traffic ticket being finalized (10 days from the day of your trial usually). If you are within the 10 days you can go to the clerk of the GDC or JDR Court and file an appeal to the Circuit court.
If you missed your appeal date there are a few less favorable options.
Motions to Reconsider
You can ask for a motion to reconsider up to 60 days after the trial (but only if you have not appealed). Motions to reconsider are typically heard by the same judge that ruled in your original case.
Unlike appeals which are automatic, a motion to reconsider is usually rejected. In order to even consider reevaluating your case the judges want to hear a really good excuse. A good excuse can be a lot of things but typically it is new information about your case that was not available during your first trial. For example, if after your trial, you find a witness that exonerates you and who was not available for the original trial that may be a good enough excuse.
If the judge grants your motion to consider the judge will then decide whether or not to change their decision. If you are asking only to change the punishment the judge may make their decision immediately after granting the motion to reconsider. If you are pleading not guilty or if the judge wants to hear evidence then the judge will usually set a new hearing date.
Motion to Amend the Conviction Date
If you want to appeal but you missed the 10 day deadline you can ask for a motion to amend the conviction date. The judge basically changes the day you were convicted to get around the 10 day rule. This motion is a good fit when you just barely missed the 10 day window and you have a good excuse for not appealing the case on time (for example, you were hit by a car on your way to the court clerk’s office).
Motion to Reopen the Case
A motion to reopen the case is very similar to a Motion to Reconsider. However, a motion to reopen the case is usually when the case was messed up procedurally. For instance, if you missed your court date because the officer wrote the wrong date on your summons or because the clerk sent you to the wrong court room then you would use a motion to reopen to fix it.
Motion to Correct a Scrivener’s Error.
If the clerk’s officer or a judge wrote down the wrong sentence or the wrong punishment on your paperwork and you need to correct a clerical error in the court records the first thing you can do is go to the clerks officer. Sometimes the clerks can correct the error without needing a motion. If after talking to the clerk’s you need to file a motion, then you file a motion to correct a scrivener’s error. (FYI- a scrivener is someone who transcribes or prepares a document). If the judge is convinced that your sentence or punishment was incorrectly recorded then the judge can amend it.
Whether you are appealing a decision or filing a motion, a competent traffic attorney is invaluable. Before you ever decide to go to court by yourself, always take a moment to get a free consultation from a local traffic attorney first.
Luke J. Nichols
The law firm of Nichols & Green pllc
(703) 383-9222
