Can My Counsel Represent Me in My Absence at a Traffic Violation Hearing?
An unfortunate reality for frequent travelers is the high likelihood of receiving a traffic ticket far away from home. Such an occurrence can not only burden one’s trip, but also create future headaches in contesting the charge.
In this post, I will be addressing the most common inquiry among my clients who face out-of-state traffic violations: whether I can appear on their behalf at court.
Appearing In Lieu of the Client
It is understandable why a client from far away may want to avoid having to appear in person at a traffic violation hearing. To begin, the courthouse may be located several hours away from where the client resides. For a client in school or with full-time employment, the prospect of possibly having to take more time off to travel solely for a court obligation can be daunting. Additionally, depending on the circumstances (such as whether the client is eligible to attend traffic school, for example), it is entirely possible that the resolution of a traffic violation case could require more than one court appearance.
Where I practice, courts fortunately tend to allow attorneys to appear in lieu of their clients for light traffic violations, such as speeding tickets. For more serious offenses (like reckless driving), securing such an arrangement may require counsel to first get the consent of the court, arresting officer, and/or commonwealth attorney. Additionally, at least in my experience, courts tend to be resistant to allowing this arrangement in DUI cases, due to the severity of those offenses.
Consult an Attorney
Regardless of your circumstances, it can be worthwhile to consult with an experienced traffic attorney to explore your legal options.
Please be mindful that every case has different facts and can implicate different areas of the law. As such, the subject matter contained within this article should not be interpreted as specific legal advice for any individual case. Please contact Curcio & Curcio, PC at 276-466-3377 if you are need of any of the following:
An attorney in Bristol, VA
An attorney in Abingdon, VA or the broader Washington County area
An attorney in Marion, VA or the broader Smyth County area
An attorney in the broader Southwest Virginia area.