Reckless driving ticket in VA-Help!
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Re: Reckless driving ticket in VA-Help!
Which court will hear the case? There is a wide variance in north Virginia. Your strategy is different for Winchester, than Alexandria, for example.
Call the prosecutor, explain that you were driving at 45 mph when the speed limit suddenly dropped from 45 mph to 25 mph. Ask contritely if she would be willing to accept a plea of guilty to speeding 20 mph over in exchange of removing the reckless driving charge.
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Remember: 20+ mph over the speed limit in Virginia is Reckless Driving!
Remember: 80 mph or greater in Virginia (regardless of any speed limit) is Reckless Driving!
Reckless driving (in Virginia or elsewhere) can lead to a suspension of your license, regardless of what state holds your license.
Call the prosecutor, explain that you were driving at 45 mph when the speed limit suddenly dropped from 45 mph to 25 mph. Ask contritely if she would be willing to accept a plea of guilty to speeding 20 mph over in exchange of removing the reckless driving charge.
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Remember: 20+ mph over the speed limit in Virginia is Reckless Driving!
Remember: 80 mph or greater in Virginia (regardless of any speed limit) is Reckless Driving!
Reckless driving (in Virginia or elsewhere) can lead to a suspension of your license, regardless of what state holds your license.
Re: Reckless driving ticket in VA-Help!
IMHO, this is where it gets to be borderline corruption like the previous poster mentioned. For example, speed limit on parts of 81 is 70 mph. Now, get Officer Johnson on a bad day and your 81 mph passing of a truck becomes a misdemeanor criminal reckless charge. I think that's a bit out of control personally.criticalmass wrote: ↑Mon Aug 20, 2018 9:22 am Remember: 80 mph or greater in Virginia (regardless of any speed limit) is Reckless Driving!
EDIT - maybe corruption is a poor choice of words. More like unjust or unnecessarily harsh?
Last edited by queso on Mon Aug 20, 2018 9:31 am, edited 1 time in total.
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Re: Reckless driving ticket in VA-Help!
What corrupt system? Do you mean folks driving recklessly? Or are you aware of any corruption or selective enforcement in exchange for illegal compensation or other activities?j0nnyg1984 wrote: ↑Sat Aug 18, 2018 3:07 pm I've heard many tales of the famed reckless driving tickets in Virginia. I've only been there twice, thankfully, but I declined to drive both times. Uber / Lyft is cheaper than dealing with a corrupt system.
Get a lawyer and settle in.
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Re: Reckless driving ticket in VA-Help!
There are fatal speeding accidents nearly every week on I-81. If someone can't operate their vehicle legally, I'm comfortable with them paying a penalty. I'm not comfortable with another family being exterminated by a speeding reckless driving.queso wrote: ↑Mon Aug 20, 2018 9:26 amIMHO, this is where it gets to be borderline corruption like the previous poster mentioned. For example, speed limit on parts of 81 is 70 mph. Now, get Officer Johnson on a bad day and your 81 mph passing of a truck becomes a misdemeanor criminal reckless charge. I think that's a bit out of control personally.criticalmass wrote: ↑Mon Aug 20, 2018 9:22 am Remember: 80 mph or greater in Virginia (regardless of any speed limit) is Reckless Driving!
Re: Reckless driving ticket in VA-Help!
Agreed. Speeding isn't ok, but I'm not sure a criminal record for life is warranted because someone exceeded the posted limit by 11 mph. I don't know of any other state that has such draconian speeding laws, but I guess I could always move if I want to do VIR front straightaway speeds on a public highway.criticalmass wrote: ↑Mon Aug 20, 2018 9:31 amThere are fatal speeding accidents nearly every week on I-81. If someone can't operate their vehicle legally, I'm comfortable with them paying a penalty. I'm not comfortable with another family being exterminated by a speeding reckless driving.queso wrote: ↑Mon Aug 20, 2018 9:26 amIMHO, this is where it gets to be borderline corruption like the previous poster mentioned. For example, speed limit on parts of 81 is 70 mph. Now, get Officer Johnson on a bad day and your 81 mph passing of a truck becomes a misdemeanor criminal reckless charge. I think that's a bit out of control personally.criticalmass wrote: ↑Mon Aug 20, 2018 9:22 am Remember: 80 mph or greater in Virginia (regardless of any speed limit) is Reckless Driving!
I can't get my head around how they can be so harsh on speeding yet allow all the texting/smartphone use and driving. That's a real head scratcher for me. I almost get run over daily by somebody updating their facebook status or sending an email so that's much more dangerous to me than someone going 11 over.
Re: Reckless driving ticket in VA-Help!
I few of the stories have mentioned, just keeping up with the flow of traffic in VA puts them at 20 over or more. There must be a lot of people in VA with misdemeanors reckless driving records, or have done jail time for a traffic violation? If there are known speed traps and the penalty is so harsh, why to folks drive 20 mph over the speed limit?
I've never been there, so I really don't know. But, sounds something is inaccurate in this... although, I have heard there are crazy drivers in some areas of the US. Where I've lived in different parts, the traffic stinks so bad we're lucky to reach the speed limit it's always so jammed up.
I've never been there, so I really don't know. But, sounds something is inaccurate in this... although, I have heard there are crazy drivers in some areas of the US. Where I've lived in different parts, the traffic stinks so bad we're lucky to reach the speed limit it's always so jammed up.
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Re: Reckless driving ticket in VA-Help!
The following quote from WalletHub would concern me, along with the fact that VA is one of the strictest for Reckless Driving, and given the OP has a government clearance a criminal record would NOT be good (I like Vitoria's analysis above).
https://wallethub.com/edu/strictest-and ... n-findings
If you don't believe Wallethubs numbers (for those above that are taking the "Don't worry" attitude) you can research where they got their data from (listed at bottom of article).
I'd hire a lawyer.
Article the above quote came from:Reckless drivers should expect, on average, to spend at least one day in jail for their first offense and three days for their second offense.
https://wallethub.com/edu/strictest-and ... n-findings
If you don't believe Wallethubs numbers (for those above that are taking the "Don't worry" attitude) you can research where they got their data from (listed at bottom of article).
I'd hire a lawyer.
Re: Reckless driving ticket in VA-Help!
25 sounds like it was a school zone - that is a serious issue.
Fairfax will require (yes, require) a lawyer. I would really consider hiring a lawyer - it will be worth the hassle to have him/her navigate the process and will be far more effective at getting it knocked down.
will it prevent you from getting a Security Clearance - No, not if you are honest about it. It is not a criminal felony. (no drugs, alcohol, one time, etc).
speedometer calibration - I keep hearing that - but feel that it is a farce. That was always used in the 70's/80's and rarely worked then.
Fairfax will require (yes, require) a lawyer. I would really consider hiring a lawyer - it will be worth the hassle to have him/her navigate the process and will be far more effective at getting it knocked down.
will it prevent you from getting a Security Clearance - No, not if you are honest about it. It is not a criminal felony. (no drugs, alcohol, one time, etc).
speedometer calibration - I keep hearing that - but feel that it is a farce. That was always used in the 70's/80's and rarely worked then.
Re: Reckless driving ticket in VA-Help!
Here are two questions that appear not to have been answered yet:
1) Has the OP actually BEEN CHARGED with reckless driving?
2) Would the MERE FACT that he received a speeding ticket for going >20MPH over the speed limit, without actually being charged with reckless driving, result in a reckless driving CONVICTION on his record?
Only the OP can answer #1. For #2, the only meaningful responses would need to come from qualified VA attorneys who are actually knowledgeable about VA traffic laws and the court system.
Any other comment in this thread is purely anecdotal (including mine from earlier).
1) Has the OP actually BEEN CHARGED with reckless driving?
2) Would the MERE FACT that he received a speeding ticket for going >20MPH over the speed limit, without actually being charged with reckless driving, result in a reckless driving CONVICTION on his record?
Only the OP can answer #1. For #2, the only meaningful responses would need to come from qualified VA attorneys who are actually knowledgeable about VA traffic laws and the court system.
Any other comment in this thread is purely anecdotal (including mine from earlier).
Re: Reckless driving ticket in VA-Help!
Takeaways:
1. Be courteous
2. Apologize and don't make excuses
3. I am thankful to live in a state without a fully criminalized traffic code and where cops have better things to do.
1. Be courteous
2. Apologize and don't make excuses
3. I am thankful to live in a state without a fully criminalized traffic code and where cops have better things to do.
Re: Reckless driving ticket in VA-Help!
I don't feel like doing the research. But, I bet those numbers are from the convictions for reckless driving. Getting the ticket/charge for reckless doesn't equal automatic conviction. It is easier for all involved to plead it down, and I bet that happens a lot more than actual convictions.
Re: Reckless driving ticket in VA-Help!
I'll add to the chorus here advising you to get a lawyer, for two reasons: you really don't want that reckless driving conviction, and it shows the court you're taking the matter seriously.
I went to court once for a speeding ticket in Prince William county, and retained representation thanks to my employer's legal plan. The stories many of the pro se defendants told were worthy of a comedy club's open mike night, except that the judge was not amused.
I recommend visiting the National Motorists Association website for general advice on speeding tickets and related issues.
I went to court once for a speeding ticket in Prince William county, and retained representation thanks to my employer's legal plan. The stories many of the pro se defendants told were worthy of a comedy club's open mike night, except that the judge was not amused.
I recommend visiting the National Motorists Association website for general advice on speeding tickets and related issues.
Re: Reckless driving ticket in VA-Help!
Um, they got a ticket with the CHARGE of reckless driving on it.... so, yes those have been answered. Otherwise we wouldn't be having this conversation.hornet96 wrote: ↑Mon Aug 20, 2018 10:02 am Here are two questions that appear not to have been answered yet:
1) Has the OP actually BEEN CHARGED with reckless driving?
2) Would the MERE FACT that he received a speeding ticket for going >20MPH over the speed limit, without actually being charged with reckless driving, result in a reckless driving CONVICTION on his record?
They didn't receive a "speeding ticket". Outcome to be determined later.
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Re: Reckless driving ticket in VA-Help!
My son's company was notified past traffic violations on his record made him uninsurable. He was laid off until he could fix the problem. We hired a local traffic attorney who did an amazing job of clearing his record for several old traffic citations. He got 2 counties to remove tickets from his record and one even gave him a refund for the fine and court costs. He even got NC DMV (no small feat) to clear some citations. I was amazed at what he did and he was not expensive, about $500 total.
Given the seriousness of the charge, I would hire a traffic attorney. He/she can likely get charge reduced to something less injurious to your driving record. I would ask around to find someone reputable. Best wishes.
Given the seriousness of the charge, I would hire a traffic attorney. He/she can likely get charge reduced to something less injurious to your driving record. I would ask around to find someone reputable. Best wishes.
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Re: Reckless driving ticket in VA-Help!
As someone who knows folks who have died to reckless driving and who doesn't want to die or have their kids die in a car crash - I completely disagree with #3. If you live in a state where speeding/reckless-driving happen unabated please let me know what state it is so I can avoid being there.
If the cops in VA had "better things to do" than to slow the spread of high-rate speeding and reckless driving where would their traffic fatality rate be?
Speeding and Reckless driving kills. It was only recently that Opioid related deaths climbed higher than traffic related deaths. And with a drug overdose the abuser is usually only killing themselves. Reckless drivers are killing others on a daily basis.
Some numbers:
Source: http://www.iihs.org/iihs/topics/t/gener ... rview/2016There were 34,439 fatal motor vehicle crashes in the United States in 2016 in which 37,461 deaths occurred. This resulted in 11.6 deaths per 100,000 people and 1.16 deaths per 100 million miles traveled. The fatality rate per 100,000 people ranged from 4.0 in the District of Columbia to 23.1 in Mississippi. The death rate per 100 million miles traveled ranged from 0.66 in Massachusetts, Minnesota, and Rhode Island to 1.88 in South Carolina
Maybe DC and area have less fatalities due to the stricter laws.
Last edited by SmileyFace on Mon Aug 20, 2018 10:22 am, edited 2 times in total.
Re: Reckless driving ticket in VA-Help!
I agree that it is seemingly (usually) easy to plead down, but the point everyone is assuming in this thread is that if he just pays the fine (i.e. mails in his check with the ticket), that it will automatically result in a reckless driving CONVICTION on his record.chevca wrote: ↑Mon Aug 20, 2018 10:05 am I don't feel like doing the research. But, I bet those numbers are from the convictions for reckless driving. Getting the ticket/charge for reckless doesn't equal automatic conviction. It is easier for all involved to plead it down, and I bet that happens a lot more than actual convictions.
I don't think that's the case, if he hasn't actually been charged with reckless driving. But this is why we need a qualified VA attorney (I am not one) to opine on that question to confirm.
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Re: Reckless driving ticket in VA-Help!
I would ignore any advice on this post from drivers that do not live in Virginia. Reckless driving is a misdemeanor criminal offense here-this is not something that you want to have on your record and is handled very differently than in most states.
I received a reckless ticket driving back from the Research Triangle Park in Southern Virginia last year and paid a local attorney $1,000 to attend court on my behalf. He had it reduced to defective equipment and I paid a small fine. In my opinion, this is worth keeping a clean criminal record. You will probably be OK if you go on your own but this does not seem to be worth the risk.
While at I was at UVA I had a business law prof tell our class that it is worth paying up to $5,000 to keep a VA reckless driving charge off your record. This is pretty much the only information that I retained from his class.
I received a reckless ticket driving back from the Research Triangle Park in Southern Virginia last year and paid a local attorney $1,000 to attend court on my behalf. He had it reduced to defective equipment and I paid a small fine. In my opinion, this is worth keeping a clean criminal record. You will probably be OK if you go on your own but this does not seem to be worth the risk.
While at I was at UVA I had a business law prof tell our class that it is worth paying up to $5,000 to keep a VA reckless driving charge off your record. This is pretty much the only information that I retained from his class.
andyandyandy wrote: ↑Fri Aug 17, 2018 4:00 pm Bogleheads,
Today morning while going to office I got a speeding ticket (46) on speed limit of 25.
Speed limit suddenly changes at that place and I was in previous speed flow.
It says to go to court. Internet seem to say scary things about reckless driving.
I talked to some attorneys and they are charging from $800 to $1500 , some claiming I don't even need to go to court and they will take care.
Overall suggestions seem to be:
1) Get re-calibration done of the vehicle speedometer
2) Take some driving course before course appearance
I wanted to get your input for Northern VA area. Should I go on my own by taking course or hire any attorney.
If yes any recommendations on attorney?
Thank you very much in advance!
PS: I live in Northern VA only.
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Re: Reckless driving ticket in VA-Help!
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Last edited by LiterallyIronic on Mon Aug 20, 2018 10:18 am, edited 1 time in total.
Re: Reckless driving ticket in VA-Help!
They have been CHARGED with reckless driving. It's in the thread title, folks!hornet96 wrote: ↑Mon Aug 20, 2018 10:12 amI agree that it is seemingly (usually) easy to plead down, but the point everyone is assuming in this thread is that if he just pays the fine (i.e. mails in his check with the ticket), that it will automatically result in a reckless driving CONVICTION on his record.chevca wrote: ↑Mon Aug 20, 2018 10:05 am I don't feel like doing the research. But, I bet those numbers are from the convictions for reckless driving. Getting the ticket/charge for reckless doesn't equal automatic conviction. It is easier for all involved to plead it down, and I bet that happens a lot more than actual convictions.
I don't think that's the case, if he hasn't actually been charged with reckless driving. But this is why we need a qualified VA attorney (I am not one) to opine on that question to confirm.
I haven't seen anyone mention to just mail in the ticket and pay the fine. Where are you getting that "everyone is assuming" that?
Re: Reckless driving ticket in VA-Help!
Wrong. The thread title says "reckless driving ticket" - you are assuming that the ticket actually includes a reckless driving CHARGE, but the OP has not stated such. As evidenced by nearly everyone's response in this thread, it is normal to "assume" that going >20MPH in VA is AUTOMATICALLY a reckless driving charge (even if not stated on the ticket). Until the OP clarifies, we have no way of knowing for sure.
It is a distinction with a huge difference in this case.
Re: Reckless driving ticket in VA-Help!
Have a fully criminalized traffic code where you get hauled into court over everything vs send your money in for a civil infraction and being done with it is not the same thing as letting people get away with reckless driving. In Michigan, we have let up on the traffic enforcement to prioritize other things, but traffic deaths are down and reckless driving is hardly unabated. Your punishment is an expensive ticket and watching our most expensive insurance in the country (mandatory unlimited, no fault medical) beat you like a drum.DaftInvestor wrote: ↑Mon Aug 20, 2018 10:11 amAs someone who knows folks who have died to reckless driving and who doesn't want to die or have their kids die in a car crash - I completely disagree with #3. If you live in a state where speeding/reckless-driving happen unabated please let me know what state it is so I can avoid being there.
If the cops in VA had "better things to do" than to slow the spread of high-rate speeding and reckless driving where would their traffic fatality rate be?
Speeding and Reckless driving kills. It was only recently that Opioid related deaths climbed higher than traffic related deaths. And with a drug overdose the abuser is usually only killing themselves. Reckless drivers are killing others on a daily basis.
Re: Reckless driving ticket in VA-Help!
What do you mean "Better things to do"?
Are they busy dealing with robberies, drug-trafficking, violent crimes, or similar?
I'd rather live in a state/place where the cops do NOT have "better things to do".
Re: Reckless driving ticket in VA-Help!
That is a bit of an aside, but opioid issues are pretty nation wide. That kills more people than traffic and guns combined. Police officers have to deal with that stuff all of the time; I try to be understanding when they are suspicious/ in a bad mood and try not to contribute.
Re: Reckless driving ticket in VA-Help!
People texting while driving under the speed limit are more reckless and dangerous than people who are fully present and occasionally exceed speed limit due to (1) ALL traffic moving well beyond the speed limit or (2) speed traps.DaftInvestor wrote: ↑Mon Aug 20, 2018 10:11 amAs someone who knows folks who have died to reckless driving and who doesn't want to die or have their kids die in a car crash - I completely disagree with #3. If you live in a state where speeding/reckless-driving happen unabated please let me know what state it is so I can avoid being there.
Victoria
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Re: Reckless driving ticket in VA-Help!
That's why I can't get my head around why VA is so strict on this one issue yet fully permits texting and driving. Neighboring Maryland and DC have laws against it yet VA does not.VictoriaF wrote: ↑Mon Aug 20, 2018 10:40 amPeople texting while driving under the speed limit are more reckless and dangerous than people who are fully present and occasionally exceed speed limit due to (1) ALL traffic moving well beyond the speed limit or (2) speed traps.DaftInvestor wrote: ↑Mon Aug 20, 2018 10:11 amAs someone who knows folks who have died to reckless driving and who doesn't want to die or have their kids die in a car crash - I completely disagree with #3. If you live in a state where speeding/reckless-driving happen unabated please let me know what state it is so I can avoid being there.
Victoria
EDIT - I was wrong. We do have a law against texting in VA. I've never heard of someone getting pulled over or written for it though. Anybody else? Seems like maybe it isn't enforced except maybe in cases where they can prove the accident was a direct result of said phone usage. I've sat right next to cars in slow moving traffic where the driver was weaving all over the place and holding a phone at chin level and then driven right past a police car and nothing happened. In fact, a large percentage of the people on my commute are obviously on phones.
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Re: Reckless driving ticket in VA-Help!
Texting while driving is certainly an issue but speed is most often cited as a factor in deaths. Presumably the cops "have better things to do" in both cases for MichCPA.VictoriaF wrote: ↑Mon Aug 20, 2018 10:40 amPeople texting while driving under the speed limit are more reckless and dangerous than people who are fully present and occasionally exceed speed limit due to (1) ALL traffic moving well beyond the speed limit or (2) speed traps.DaftInvestor wrote: ↑Mon Aug 20, 2018 10:11 amAs someone who knows folks who have died to reckless driving and who doesn't want to die or have their kids die in a car crash - I completely disagree with #3. If you live in a state where speeding/reckless-driving happen unabated please let me know what state it is so I can avoid being there.
Victoria
Re: Reckless driving ticket in VA-Help!
Hi,
I got one of those a few years ago in NOVA for going 21 mph over (on 95, so pretty much with the flow of traffic!), so it was automatically reckless driving--similar situation I did get a lawyer. However, even if you don't, you can probably do the following which is what the lawyer recommended. I am not sure if the lawyer helped at all, but mine was reduced to 'improper driving.' I think all in all, it cost me $1500, with ~$800 for the lawyer.
1. Get speedometer checked
2. Take a reckless/aggressive driver course (4 hours) and 8 hour Driver improvement course. These give you 'save points' on your license which can offset the negative points for aggressive driving. (Make sure the course you take qualifies for that under the DMV rules.)
3. To echo some of the others, don't make excuses and be contrite. Anyone who argued or over explained to the judge did not have a favorable result.
Good luck!
Rudy
I got one of those a few years ago in NOVA for going 21 mph over (on 95, so pretty much with the flow of traffic!), so it was automatically reckless driving--similar situation I did get a lawyer. However, even if you don't, you can probably do the following which is what the lawyer recommended. I am not sure if the lawyer helped at all, but mine was reduced to 'improper driving.' I think all in all, it cost me $1500, with ~$800 for the lawyer.
1. Get speedometer checked
2. Take a reckless/aggressive driver course (4 hours) and 8 hour Driver improvement course. These give you 'save points' on your license which can offset the negative points for aggressive driving. (Make sure the course you take qualifies for that under the DMV rules.)
3. To echo some of the others, don't make excuses and be contrite. Anyone who argued or over explained to the judge did not have a favorable result.
Good luck!
Rudy
Re: Reckless driving ticket in VA-Help!
I wonder (don't know) if getting an attorney to "fight" this in court might, in some way, anger the judge and backfire on you? In some ways, getting an attorney would not seem to be "contrite" by a judge.Rudy63 wrote: ↑Mon Aug 20, 2018 11:05 am Hi,
I got one of those a few years ago in NOVA--similar situation I did get a lawyer. However, even if you don't, you can probably do the following which is what the lawyer recommended. I am not sure if the lawyer helped at all, but mine was reduced to 'improper driving.' I think all in all, it cost me $1500, with ~$800 for the lawyer.
1. Get speedometer checked
2. Take a reckless/aggressive driver course (4 hours) and 8 hour Driver improvement course. These give you 'save points' on your license which can offset the negative points for aggressive driving. (Make sure the course you take qualifies for that under the DMV rules.)
3. To echo some of the others, don't make excuses and be contrite. Anyone who argued or over explained to the judge did not have a favorable result.
Good luck!
Rudy
Re: Reckless driving ticket in VA-Help!
What the officer checks off or writes on the ticket as the violation is the CHARGE.hornet96 wrote: ↑Mon Aug 20, 2018 10:20 amWrong. The thread title says "reckless driving ticket" - you are assuming that the ticket actually includes a reckless driving CHARGE, but the OP has not stated such. As evidenced by nearly everyone's response in this thread, it is normal to "assume" that going >20MPH in VA is AUTOMATICALLY a reckless driving charge (even if not stated on the ticket). Until the OP clarifies, we have no way of knowing for sure.
It is a distinction with a huge difference in this case.
Not everyone has said it's normal to "assume" 20 mph is automatically reckless driving. In fact, those familiar with VA traffic said 20 mph over IS automatically reckless driving in VA. Here you go, so we don't have to "assume" anymore... https://law.lis.virginia.gov/vacode/tit ... n46.2-862/... Now we don't need to "assume" those talking about VA were correct or not. And, we can "assume" the OP actually meant reckless driving in the thread title.
You have been doing the 'assuming' and not reading what's right in front of you.
Re: Reckless driving ticket in VA-Help!
If it does, that person shouldn't be a judge. A person has the right to representation.dm200 wrote: ↑Mon Aug 20, 2018 11:09 amI wonder (don't know) if getting an attorney to "fight" this in court might, in some way, anger the judge and backfire on you? In some ways, getting an attorney would not seem to be "contrite" by a judge.Rudy63 wrote: ↑Mon Aug 20, 2018 11:05 am Hi,
I got one of those a few years ago in NOVA--similar situation I did get a lawyer. However, even if you don't, you can probably do the following which is what the lawyer recommended. I am not sure if the lawyer helped at all, but mine was reduced to 'improper driving.' I think all in all, it cost me $1500, with ~$800 for the lawyer.
1. Get speedometer checked
2. Take a reckless/aggressive driver course (4 hours) and 8 hour Driver improvement course. These give you 'save points' on your license which can offset the negative points for aggressive driving. (Make sure the course you take qualifies for that under the DMV rules.)
3. To echo some of the others, don't make excuses and be contrite. Anyone who argued or over explained to the judge did not have a favorable result.
Good luck!
Rudy
The judge probably prefers it. As someone mentioned earlier, those that self represent can make quite the fools of themselves and that frustrates judges when they have to explain simple things over and over to those folks.
Last edited by chevca on Mon Aug 20, 2018 11:13 am, edited 1 time in total.
Re: Reckless driving ticket in VA-Help!
This may lend some credence to the earlier charge of corruption, but the folks I know that have gotten them have all gotten them reduced (except one). From what they tell me this is just how the game works. You get the ticket/charge, you hire lawyer X who knows everybody at the courthouse, you pay him/her Y and you come out with something like "improper passing" or some other rather trivial traffic violation. The one I know who didn't get away was a rather special case (motorcycle, triple digits, priors).dm200 wrote: ↑Mon Aug 20, 2018 11:09 amI wonder (don't know) if getting an attorney to "fight" this in court might, in some way, anger the judge and backfire on you? In some ways, getting an attorney would not seem to be "contrite" by a judge.Rudy63 wrote: ↑Mon Aug 20, 2018 11:05 am Hi,
I got one of those a few years ago in NOVA--similar situation I did get a lawyer. However, even if you don't, you can probably do the following which is what the lawyer recommended. I am not sure if the lawyer helped at all, but mine was reduced to 'improper driving.' I think all in all, it cost me $1500, with ~$800 for the lawyer.
1. Get speedometer checked
2. Take a reckless/aggressive driver course (4 hours) and 8 hour Driver improvement course. These give you 'save points' on your license which can offset the negative points for aggressive driving. (Make sure the course you take qualifies for that under the DMV rules.)
3. To echo some of the others, don't make excuses and be contrite. Anyone who argued or over explained to the judge did not have a favorable result.
Good luck!
Rudy
Re: Reckless driving ticket in VA-Help!
Pretty loose definition of corruption being used by some in this thread, IMO. And, if only there were some way for folks to know not to drive 20 mph over the speed limit.... they wouldn't be stuck in this corrupt system...queso wrote: ↑Mon Aug 20, 2018 11:13 amThis may lend some credence to the earlier charge of corruption, but the folks I know that have gotten them have all gotten them reduced (except one). From what they tell me this is just how the game works. You get the ticket/charge, you hire lawyer X who knows everybody at the courthouse, you pay him/her Y and you come out with something like "improper passing" or some other rather trivial traffic violation. The one I know who didn't get away was a rather special case (motorcycle, triple digits, priors).dm200 wrote: ↑Mon Aug 20, 2018 11:09 amI wonder (don't know) if getting an attorney to "fight" this in court might, in some way, anger the judge and backfire on you? In some ways, getting an attorney would not seem to be "contrite" by a judge.Rudy63 wrote: ↑Mon Aug 20, 2018 11:05 am Hi,
I got one of those a few years ago in NOVA--similar situation I did get a lawyer. However, even if you don't, you can probably do the following which is what the lawyer recommended. I am not sure if the lawyer helped at all, but mine was reduced to 'improper driving.' I think all in all, it cost me $1500, with ~$800 for the lawyer.
1. Get speedometer checked
2. Take a reckless/aggressive driver course (4 hours) and 8 hour Driver improvement course. These give you 'save points' on your license which can offset the negative points for aggressive driving. (Make sure the course you take qualifies for that under the DMV rules.)
3. To echo some of the others, don't make excuses and be contrite. Anyone who argued or over explained to the judge did not have a favorable result.
Good luck!
Rudy
Re: Reckless driving ticket in VA-Help!
It's not like we're talking about someone in VA caught going 5 mph over, charged with reckless driving, and the charge gets upheld in court. In fact, we're talking quite the opposite, aren't we?
Re: Reckless driving ticket in VA-Help!
Hey, it's hard to keep it down. Some of these modern vehicles get up there so quickly! I've also been on roads where the flow of traffic is in reckless territory. Just think, dozens and dozens of criminals all traveling in single file lines to some nefarious destination (probably to soccer practice or tae kwon do).chevca wrote: ↑Mon Aug 20, 2018 11:18 amPretty loose definition of corruption being used by some in this thread, IMO. And, if only there were some way for folks to know not to drive 20 mph over the speed limit.... they wouldn't be stuck in this corrupt system...queso wrote: ↑Mon Aug 20, 2018 11:13 amThis may lend some credence to the earlier charge of corruption, but the folks I know that have gotten them have all gotten them reduced (except one). From what they tell me this is just how the game works. You get the ticket/charge, you hire lawyer X who knows everybody at the courthouse, you pay him/her Y and you come out with something like "improper passing" or some other rather trivial traffic violation. The one I know who didn't get away was a rather special case (motorcycle, triple digits, priors).dm200 wrote: ↑Mon Aug 20, 2018 11:09 amI wonder (don't know) if getting an attorney to "fight" this in court might, in some way, anger the judge and backfire on you? In some ways, getting an attorney would not seem to be "contrite" by a judge.Rudy63 wrote: ↑Mon Aug 20, 2018 11:05 am Hi,
I got one of those a few years ago in NOVA--similar situation I did get a lawyer. However, even if you don't, you can probably do the following which is what the lawyer recommended. I am not sure if the lawyer helped at all, but mine was reduced to 'improper driving.' I think all in all, it cost me $1500, with ~$800 for the lawyer.
1. Get speedometer checked
2. Take a reckless/aggressive driver course (4 hours) and 8 hour Driver improvement course. These give you 'save points' on your license which can offset the negative points for aggressive driving. (Make sure the course you take qualifies for that under the DMV rules.)
3. To echo some of the others, don't make excuses and be contrite. Anyone who argued or over explained to the judge did not have a favorable result.
Good luck!
Rudy
Re: Reckless driving ticket in VA-Help!
Trust me, I own a couple fast cars, so I'm not saying to never go above the speed limit.... just have to know where and when.queso wrote: ↑Mon Aug 20, 2018 11:22 amHey, it's hard to keep it down. Some of these modern vehicles get up there so quickly!chevca wrote: ↑Mon Aug 20, 2018 11:18 amPretty loose definition of corruption being used by some in this thread, IMO. And, if only there were some way for folks to know not to drive 20 mph over the speed limit.... they wouldn't be stuck in this corrupt system...queso wrote: ↑Mon Aug 20, 2018 11:13 amThis may lend some credence to the earlier charge of corruption, but the folks I know that have gotten them have all gotten them reduced (except one). From what they tell me this is just how the game works. You get the ticket/charge, you hire lawyer X who knows everybody at the courthouse, you pay him/her Y and you come out with something like "improper passing" or some other rather trivial traffic violation. The one I know who didn't get away was a rather special case (motorcycle, triple digits, priors).dm200 wrote: ↑Mon Aug 20, 2018 11:09 amI wonder (don't know) if getting an attorney to "fight" this in court might, in some way, anger the judge and backfire on you? In some ways, getting an attorney would not seem to be "contrite" by a judge.Rudy63 wrote: ↑Mon Aug 20, 2018 11:05 am Hi,
I got one of those a few years ago in NOVA--similar situation I did get a lawyer. However, even if you don't, you can probably do the following which is what the lawyer recommended. I am not sure if the lawyer helped at all, but mine was reduced to 'improper driving.' I think all in all, it cost me $1500, with ~$800 for the lawyer.
1. Get speedometer checked
2. Take a reckless/aggressive driver course (4 hours) and 8 hour Driver improvement course. These give you 'save points' on your license which can offset the negative points for aggressive driving. (Make sure the course you take qualifies for that under the DMV rules.)
3. To echo some of the others, don't make excuses and be contrite. Anyone who argued or over explained to the judge did not have a favorable result.
Good luck!
Rudy
Re: Reckless driving ticket in VA-Help!
yeah, the earlier VIR recommendation was a good one.chevca wrote: ↑Mon Aug 20, 2018 11:24 amTrust me, I own a couple fast cars, so I'm not saying to never go above the speed limit.... just have to know where and when.queso wrote: ↑Mon Aug 20, 2018 11:22 amHey, it's hard to keep it down. Some of these modern vehicles get up there so quickly!chevca wrote: ↑Mon Aug 20, 2018 11:18 amPretty loose definition of corruption being used by some in this thread, IMO. And, if only there were some way for folks to know not to drive 20 mph over the speed limit.... they wouldn't be stuck in this corrupt system...queso wrote: ↑Mon Aug 20, 2018 11:13 amThis may lend some credence to the earlier charge of corruption, but the folks I know that have gotten them have all gotten them reduced (except one). From what they tell me this is just how the game works. You get the ticket/charge, you hire lawyer X who knows everybody at the courthouse, you pay him/her Y and you come out with something like "improper passing" or some other rather trivial traffic violation. The one I know who didn't get away was a rather special case (motorcycle, triple digits, priors).
Re: Reckless driving ticket in VA-Help!
Right. Is that written or checked off on the ticket? Have you seen the OP's ticket?
Thanks for posting the link that states what everyone here already knows are the concepts written into the VA code. It still doesn't answer the question, however.chevca wrote: ↑Mon Aug 20, 2018 11:10 am
Not everyone has said it's normal to "assume" 20 mph is automatically reckless driving. In fact, those familiar with VA traffic said 20 mph over IS automatically reckless driving in VA. Here you go, so we don't have to "assume" anymore... https://law.lis.virginia.gov/vacode/tit ... n46.2-862/... Now we don't need to "assume" those talking about VA were correct or not. And, we can "assume" the OP actually meant reckless driving in the thread title.
You have been doing the 'assuming' and not reading what's right in front of you.
I live in Virginia, and confirm that it is fact "normal" to assume that >20mph automatically results in a reckless driving conviction in VA, if "reckless" driving" is not actually stated or charged on the ticket. I am questioning whether that is in fact true.
Here is a more valuable summary for the OP, and illustrates the basis for my questioning what he has actually been charged with on the ticket itself.
https://virginialawfirm.net/difference- ... ginia.html
The OP's first post does say "it says go to court," but is not clear to me whether that is his only option. (i.e. you can usually pay the fine or go to court).VA law firm wrote:
How To Tell Which You Are Facing
In addition to listening carefully when the law enforcement officer hands you the Virginia Uniform Summons, you can inspect the Virginia Uniform Summons to determine whether you have been charged with reckless driving or a lesser speeding infraction.
First look at the left side of the Virginia Uniform Summons under the section that says “Law Section” and the section that says “Charge.” It should refer to Virginia Code Section 46.2–862. There should also be in written words, “Reckless Driving.” It may include “Reckless Driving by Speed” or “R/D Speed.” The officer might also write the speed that you were travelling, which will be in excess of 80 mph or 20 mph over the posted speed limit.
Under that area, there will be instructions on how to prepay. The officer will most likely strike that area out by scratching it out or putting an “X” over it. It indicates that you cannot prepay your fines and you must come to court. This is true for all reckless driving infractions. If it is a speeding infraction, the officer will not strike out that information and the code section will be different.
Last edited by hornet96 on Mon Aug 20, 2018 11:37 am, edited 1 time in total.
Re: Reckless driving ticket in VA-Help!
Okay... I'll let the OP answer your questions then..... I think I already know the answers they will give though.
If the OP was simply charged with speeding like you're saying is possible, why would they be worried about reckless driving though? Is VA corrupt that they can charge up once it gets to court??
If the OP was simply charged with speeding like you're saying is possible, why would they be worried about reckless driving though? Is VA corrupt that they can charge up once it gets to court??
Re: Reckless driving ticket in VA-Help!
I know it's possible, because that's exactly what happened to me in my own example shared earlier (just a speeding infraction going 21 mph over, no reckless driving charge on the ticket - however, I went to court to plead down anyway "just in case the corrupt VA system could change it after the fact, once they saw it was >20mph")chevca wrote: ↑Mon Aug 20, 2018 11:36 am Okay... I'll let the OP answer your questions then..... I think I already know the answers they will give though.
If the OP was simply charged with speeding like you're saying is possible, why would they be worried about reckless driving though? Is VA corrupt that they can charge up once it gets to court??
I actually believe that such a practice would violate the US constitution (due process?), although again, I'm not an attorney so that belief is my own and nothing particularly meaningful.
Re: Reckless driving ticket in VA-Help!
You're correct to believe they can't change it after the fact. Charging up is not "exactly what happened to you in your own example".hornet96 wrote: ↑Mon Aug 20, 2018 11:59 amI know it's possible, because that's exactly what happened to me in my own example shared earlier (just a speeding infraction going 21 mph over, no reckless driving charge on the ticket - however, I went to court to plead down anyway "just in case the corrupt VA system could change it after the fact, once they saw it was >20mph")chevca wrote: ↑Mon Aug 20, 2018 11:36 am Okay... I'll let the OP answer your questions then..... I think I already know the answers they will give though.
If the OP was simply charged with speeding like you're saying is possible, why would they be worried about reckless driving though? Is VA corrupt that they can charge up once it gets to court??
I actually believe that such a practice would violate the US constitution (due process?), although again, I'm not an attorney so that belief is my own and nothing particularly meaningful.
If you meant it's possible to be charged with speeding at 21 mph over rather than reckless, my bad... yes, that is possible as the officer has that discretion to choose the charge.
Re: Reckless driving ticket in VA-Help!
This thread sure does make it sound like "shooting fish in a barrel" for traffic officers in VA though. Why does everyone drive 20 mph over???
Re: Reckless driving ticket in VA-Help!
I never said it was. I was referring to your sentence I bolded in red text. Sorry that wasn't obvious I guess.
Re: Reckless driving ticket in VA-Help!
If you can afford the time, go to court.
If you can afford the fine, pay it.
Drive careful.
If you can afford the fine, pay it.
Drive careful.
Retired 2019. So far, so good. I want to wake up every morning. But I want to die in my sleep. Just another conundrum. I think the solution might be afternoon naps ;)
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Re: Reckless driving ticket in VA-Help!
This seems like the best advice to OP itt.queso wrote: ↑Mon Aug 20, 2018 7:43 am Don't mess around with VA and reckless. Get a good lawyer and get it reduced. You do not want a class 1 misdemeanor criminal conviction on your record FOR LIFE (same category misdemeanor as a DWI/DUI and assault in VA). This is not a traffic issue in VA, it is a criminal conviction and you will have to answer that you were convicted of a crime for the rest of your life and it will show up on every background check for every clearance you try to get and every employer will see it when they screen you for employment. Trust me - do not cheap out on this and do not take it lightly. The good news is that since you have a good record you can likely get it reduced to a traffic violation (again, this is NOT a traffic violation in VA - it is a criminal charge). If you want a recommendation shoot me a PM and I can send you the contact info of someone that has gotten several friends out of similar situations.
Good luck!
There are many ways to try to save money in life. For a young person this does not seem to be the time or place to scrimp.
Re: Reckless driving ticket in VA-Help!
Happens in about 40% of traffic cases in my area. Happens in about 0% in true criminal cases. CHP shows up about 95% of traffic cases. Local agencies much less.
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Re: Reckless driving ticket in VA-Help!
I'm not sure why a cop would not show up in court. Apparently it is OT for them. Easy money
Retired 2019. So far, so good. I want to wake up every morning. But I want to die in my sleep. Just another conundrum. I think the solution might be afternoon naps ;)
Re: Reckless driving ticket in VA-Help!
I got a similar ticket in VA.
I went to court, pled guilty, and explained that it was my first offense and it was a mistake. Then I offered to take some sort of driving school/class.
The judge knocked it down to 9 over and I paid my fine. Took an online driving class, but others had to do an in-person one. I didn't hire a lawyer and I am glad I didn't, they didn't seem overly helpful to others when I was there.
Don't count on the officer not showing up, that isn't a successful strategy. Just own the mistake, offer a recourse, and pay the fine.
I went to court, pled guilty, and explained that it was my first offense and it was a mistake. Then I offered to take some sort of driving school/class.
The judge knocked it down to 9 over and I paid my fine. Took an online driving class, but others had to do an in-person one. I didn't hire a lawyer and I am glad I didn't, they didn't seem overly helpful to others when I was there.
Don't count on the officer not showing up, that isn't a successful strategy. Just own the mistake, offer a recourse, and pay the fine.
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Re: Reckless driving ticket in VA-Help!
The prosecutor certainly could upgrade the charges to the maximum allowed by the facts at hand. The Constitution does not prohibit the prosecution from doing this. However, the practical likelihood of any prosecutor doing this is in a traffic case is almost nill, unless there are extenuating circumstances.hornet96 wrote: ↑Mon Aug 20, 2018 11:59 amI know it's possible, because that's exactly what happened to me in my own example shared earlier (just a speeding infraction going 21 mph over, no reckless driving charge on the ticket - however, I went to court to plead down anyway "just in case the corrupt VA system could change it after the fact, once they saw it was >20mph")chevca wrote: ↑Mon Aug 20, 2018 11:36 am Okay... I'll let the OP answer your questions then..... I think I already know the answers they will give though.
If the OP was simply charged with speeding like you're saying is possible, why would they be worried about reckless driving though? Is VA corrupt that they can charge up once it gets to court??
I actually believe that such a practice would violate the US constitution (due process?), although again, I'm not an attorney so that belief is my own and nothing particularly meaningful.
-
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Re: Reckless driving ticket in VA-Help!
Say what? See Code of Virginia, §46.2-1078.1 https://law.lis.virginia.gov/vacode/46.2-1078.1/queso wrote: ↑Mon Aug 20, 2018 9:33 amAgreed. Speeding isn't ok, but I'm not sure a criminal record for life is warranted because someone exceeded the posted limit by 11 mph. I don't know of any other state that has such draconian speeding laws, but I guess I could always move if I want to do VIR front straightaway speeds on a public highway.criticalmass wrote: ↑Mon Aug 20, 2018 9:31 amThere are fatal speeding accidents nearly every week on I-81. If someone can't operate their vehicle legally, I'm comfortable with them paying a penalty. I'm not comfortable with another family being exterminated by a speeding reckless driving.queso wrote: ↑Mon Aug 20, 2018 9:26 amIMHO, this is where it gets to be borderline corruption like the previous poster mentioned. For example, speed limit on parts of 81 is 70 mph. Now, get Officer Johnson on a bad day and your 81 mph passing of a truck becomes a misdemeanor criminal reckless charge. I think that's a bit out of control personally.criticalmass wrote: ↑Mon Aug 20, 2018 9:22 am Remember: 80 mph or greater in Virginia (regardless of any speed limit) is Reckless Driving!
I can't get my head around how they can be so harsh on speeding yet allow all the texting/smartphone use and driving. That's a real head scratcher for me. I almost get run over daily by somebody updating their facebook status or sending an email so that's much more dangerous to me than someone going 11 over.
Texting while driving in Virginia is a $125 fine for the first offense and $250 for the second. It is also a primary offense, but if you are driving recklessly too, your texting fine is $250 for the first offense. This includes writing/reading emails, etc.
The penalty for texting while operating a commercial vehicle is up to $2750.
Naturally police officers, who frequently type on their laptops while driving, are exempt from this statue.
If you can tell someone in another vehicle is updating facebook status while operating your vehicle, you likely are not paying full time and attention to driving.
Last edited by criticalmass on Mon Aug 20, 2018 2:11 pm, edited 1 time in total.
Re: Reckless driving ticket in VA-Help!
I corrected myself down thread. Keep reading.criticalmass wrote: ↑Mon Aug 20, 2018 2:08 pmSay what? See Code of Virginia, §46.2-1078.1 [sub]https://law.lis.virginia.gov/vacod ... .1/[/sub]queso wrote: ↑Mon Aug 20, 2018 9:33 amAgreed. Speeding isn't ok, but I'm not sure a criminal record for life is warranted because someone exceeded the posted limit by 11 mph. I don't know of any other state that has such draconian speeding laws, but I guess I could always move if I want to do VIR front straightaway speeds on a public highway.criticalmass wrote: ↑Mon Aug 20, 2018 9:31 amThere are fatal speeding accidents nearly every week on I-81. If someone can't operate their vehicle legally, I'm comfortable with them paying a penalty. I'm not comfortable with another family being exterminated by a speeding reckless driving.queso wrote: ↑Mon Aug 20, 2018 9:26 amIMHO, this is where it gets to be borderline corruption like the previous poster mentioned. For example, speed limit on parts of 81 is 70 mph. Now, get Officer Johnson on a bad day and your 81 mph passing of a truck becomes a misdemeanor criminal reckless charge. I think that's a bit out of control personally.criticalmass wrote: ↑Mon Aug 20, 2018 9:22 am Remember: 80 mph or greater in Virginia (regardless of any speed limit) is Reckless Driving!
I can't get my head around how they can be so harsh on speeding yet allow all the texting/smartphone use and driving. That's a real head scratcher for me. I almost get run over daily by somebody updating their facebook status or sending an email so that's much more dangerous to me than someone going 11 over.
Texting while driving in Virginia is a $125 fine for the first offense and $250 for the second. It is also a primary offense, but if you are driving recklessly too, your texting fine is $250 for the first offense. This includes writing/reading emails, etc.
The penalty for texting while operating a commercial vehicle is up to $2750.
Naturally police officers, who frequently type on their laptops while driving, are exempt from this statue.
If you can tell someone in another vehicle is updating facebook status while operating your vehicle, you likely are not paying full time and attention to driving.
TL;DR - it may be illegal, but enforcement seems to be nonexistent. People do it all morning on my way into DC and all afternoon on my way home. They are easy to spot.