Traffic Mitigation
What is Mitigation?
Mitigation is what you do outside the courtroom to put yourself in the best possible position when you get there. For traffic and reckless driving cases in Virginia, that usually means one of three things: completing a driver improvement course, performing community service, or — in higher-speed cases — having your speedometer calibrated. Sometimes the judge orders one of these; sometimes it’s proactive. Either way, doing it well matters.
Why Mitigation Matters
We fight every case. That starts with the evidence — what we can keep out, what we can challenge, what we can argue is unreliable. But reckless driving, speeding, and traffic infraction cases are usually difficult to defeat on the evidence alone. The Commonwealth has the officer whose job is to prep for the hearing. The officer has calibrated equipment, a dashcam, and a body camera. The case the prosecution brings is, more often than not, the case they can prove.
That doesn’t mean there’s nothing to fight for. It means the fight moves to a different question: what happens next. Whether the charge gets reduced, whether the license stays, whether jail time is on the table — those questions are decided by the judge, and the judge has wide discretion. Mitigation is how you walk into that part of the case prepared.
A driver improvement course, community service, a speedometer calibration — none of these are concessions. They’re the work that lets us stand in front of the judge and ask for the better outcome from a stronger position. The version of this conversation we don’t want is the one where the judge is open to a reduction but the defendant hasn’t done anything to deserve one.
Driving Schools
In Virginia, there are two types of driving school classes that may be appropriate: a regular eight-hour class and an aggressive twelve-hour course. Different courts have different requirements on which course they want you to take, and sometimes the charge itself dictates that a more intensive class is the right move.
If you have questions about which class you should complete — or whether taking a class is necessary at all in your case — give us a call to discuss.
Virginia Driver Improvement Clinic / Driving School (8 hour course)
This eight-hour class can be completed either in-person or online. Certain jurisdictions require in-person completion, so give us a call if you have questions about which option to take for your case.
The course covers a wide range of topics including traffic laws, driving safety, the points system, DMV guidelines, and safe driving techniques. At the end of the class, you’ll be required to take a test covering what you learned.
Courts typically don’t have a preference on which course you take as long as it’s a DMV-approved course and is eight hours long. When you complete an online class, you don’t have to take the entire class in one sitting.
If you’re an out-of-state driver looking to take a class for your case in Virginia, make sure you select a Virginia course, not the course for your home state. If you’re out-of-state and taking a Virginia class, it’s also important to select the “Non-Resident” option — Virginia residents are required to complete a test in-person at a testing facility upon completion of any online program.
The class we typically recommend for online completion is VA Highway Safety Institute. The judges are familiar with it, you’ll get a certificate upon completion, and it’s one of the more affordable options.
When you sign up for a driving school class, the course provider will typically ask why you’re taking the class. The options are usually “Court Referred” or “Voluntary.” Make sure you select the “Court Referred” option. Voluntary driving school improves your point balance whereas Court Referred driving school does not. Judges typically take the position that the voluntary driving school class already gave you the benefit of taking it, and won’t accept voluntary course completion certificates.
Online Aggressive Driver Improvement (12 hour course)
RADEP.com is a twelve-hour course offered entirely online. Most courts in Virginia will accept this version of aggressive driving school unless you’ve been specifically referred to in-person RADEP by the court.
Once you complete the class, the course provider will email you a Certificate of Completion. Even though it’s online, it’s routinely accepted by judges in Virginia.
Reckless / Aggressive Driver Education Program (RADEP)
The Reckless / Aggressive Driver Education Program (RADEP) is a twelve-hour in-person aggressive driver improvement class offered through the Virginia Alcohol Safety Action Program (VASAP).
The course is located at VASAP offices throughout Virginia and typically consists of two separate components: an eight-hour regular driving school component and a four-hour aggressive driving component.
Classes are usually held on weekends and evenings. If you’re required to register for the class by the court, sign up as soon as the judge refers you to RADEP. The courses are offered infrequently and have limited spots available. Judges typically don’t grant continuances for more time to complete RADEP, so register as soon as you can.
Community Service
Judges typically only accept community service hours performed with a 501(c)(3) organization. Most judges prefer that the hours not be performed with a church. Organizations that judges are familiar with — SPCA, Habitat for Humanity, Goodwill, Salvation Army, American Red Cross, and Boys’ and Girls’ Clubs — are all good options. If you have questions about whether a particular organization will be acceptable, contact our office.
The court will require proof of performance through a letter from the organization, on the organization’s letterhead, signed by whoever supervised or administered your community service. The letter needs to include the number of hours you performed and what you did specifically for the organization. Some organizations have time sheets that are also helpful to include.
There’s a bit of nuance here when you contact community service organizations. Very rarely is community service in a traffic case “Court Ordered.” Court Ordered community service typically happens when the judge refers you to VASAP or Community Corrections to administer and supervise the work — an actual Order exists requiring you to complete a specific number of hours, and noncompliance brings a new and separate charge of Contempt of Court.
That’s uncommon in a traffic case. In a traffic case, it’s usually an agreement that you make with the judge: you’ll complete a certain number of community service hours to avoid a conviction and/or a license suspension. Failure to perform brings a conviction on the original charge, but the judge won’t hold you in contempt for noncompliance.
The practical implication: don’t tell the community service organization you’re performing community service because the court ordered you to, unless that’s actually the case. A lot of organizations either don’t want volunteers who are under court order, or will require you to submit a copy of the Order before they’ll allow you to perform any service hours. It’s never advisable to be deceitful about why you’re performing community service — but don’t close off opportunities by mislabeling the situation.
Speedometer Calibrations
In some cases, it helps to have a speedometer calibration performed on your car prior to court. Your best bet for finding someone to do this is searching online for mechanics in your area that provide the service. “Speedometer calibration [your location]” is usually the right search term.
This isn’t always necessary, so check with us first about whether your case calls for it.
When you have the calibration performed, make sure you receive an actual certificate of calibration that shows exactly how far off your speedometer is. Judges won’t find it helpful if the mechanic just writes on an invoice, “Customer complained about speedometer accuracy, removed instrument panel and replaced speed cluster.” If your speedometer is inaccurate, the judge will want to know to what extent. Here’s a format judges have come to expect:
|
Vehicle Speedometer Reading |
Testing Instrument |
|---|---|
|
10 mph |
11 mph |
|
20 mph |
22 mph |
|
30 mph |
33 mph |
|
40 mph |
44 mph |
|
50 mph |
55 mph |
|
60 mph |
66 mph |
|
70 mph |
77 mph |
|
80 mph |
88 mph |
Where this can help: if you’re charged with going 87 mph and your speedometer was reading something less than 80, and the judge tends to treat speeds at or above 85 mph more harshly than those below 85, we may be able to argue your case as if you were charged with going less than 85.
Speed-related charges in Virginia are more or less strict-liability offenses — it doesn’t matter if you thought you were going the speed limit if you were in fact exceeding it (with very narrow affirmative-defense exceptions). But this piece of mitigating evidence can sometimes mean the difference between a reduced charge that carries points and one that doesn’t, or a conviction with just a fine versus an active jail sentence.
Judges are savvy about this issue, and won’t suspend reason if you’re charged with going 115 mph and want to submit a calibration showing you thought you were going the speed limit. As the alleged speed goes up, most judges take the position that someone going 30 mph or more over the limit had a good idea they were speeding.
Not every case needs every option, and the right approach depends on your charge, your jurisdiction, and how the judge tends to handle these cases. We can help you figure out what makes sense.