Appealing Your Traffic Ticket in Virginia
Can I appeal my traffic ticket?
If you are convicted of reckless driving, driving under the influence (DUI), or any other traffic charge in General District Court (GDC), you automatically have the right to appeal the conviction to Circuit Court. Regardless of whether you missed your hearing and were tried in absentia, attended with an attorney, or appeared without an attorney, you still have the right to appeal. However, please note that this right does NOT attach to plea agreements.
How long do I have to appeal a traffic case?
You must file a notice of appeal with the GDC Clerk’s office within 10 calendar days of your conviction in GDC. If you do not appeal within that 10-day window, the Circuit Court will not accept your appeal.
Can I file an appeal without an attorney?
Yes, you can file an appeal on your own. However, you should consider consulting with an experienced traffic attorney before doing so.
Your case in the Circuit Court will be a ‘trial de novo.’ This means your case will be heard in front of a new judge who will consider the hearing brand new, as if the GDC trial had not occurred. There is no guarantee that the Circuit Court judge will impose a better outcome than the one imposed in GDC. In fact, it is possible that the Circuit Court judge could impose a harsher outcome. That is why it is critical to have the right legal strategy – and the right team.
The experienced attorneys at Driving Defense Law can help you weigh the risks, build a stronger defense, and negotiate a better outcome — making sure your appeal is not only a second chance, but a smarter one as well.
Contact Driving Defense Law to Discuss your Appeal!
To learn more about appealing your case, schedule a consultation with one of our team members today. You can schedule a consultation here or you can call/text us at 757-929-0335.