So. . .got pulled over for speeding in VA

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Get a lawyer. You can lose your license or even get jail time for a reckless. I own a sports car and all the people in this area know to avoid a lead foot in VA -- 15-over is a reckless charge, unlike MD where it's 30 over.

I got a reckless about 15 years ago and lost my license for a month when I showed up in court, representing myself.

But I was going 13 over.

Anything over 80 is reckless driving in the commonwealth!

Yes, and you need to work on your remorse for court. The "I see other people going faster" defense won't help.

A good prosecutor will always nail you with that claim. If you testify that "I was only keeping up with traffic", etc., it's an easy followup to ask "Well, then, if they were going 75 mph would you say that you were, too?" (or a variant of that). Selective enforcement claims won't work in those cases, they don't have to cite the "most guilty" one, just a guilty one.

Exactly. Then you are admitting in open court that you were engaged in reckless endangerment. Never say "but the others were doing it too".

[Anonymous]

I got a reckless driving ticket in Woodstock, VA. Got the lawyer and was glad I did. That judge was serious about penalizing speeders. I had a prior speeding ticket in Fairfax County that I got knocked down to Failure to Pay Time & Attention. Prosecutor asked me about that and if it was for speeding to establish that I had a prior. That said, Judge did reduce it to speeding instead of reckless. But I had to pay a big fine, and have 0 'good driver' points.

Yes, I recognize that speeding is stupid and have since slowed down a lot but it's a struggle.

[Anonymous]

Anonymous wrote:Op, don't hire a lawyer. The ticket & court costs are expensive enough without the added fees for a lawyer. Lots of lawyers on this thread I suspect.

Do you have a good driving record? If so request a copy from the DMV before your court date and BRING IT TO COURT. Get it as close to your court date as possible so it's current and then show it to the judge or whoever you see about your ticket. If you have a good driving record, and you can obtain a copy to prove it, you might get it dropped or at least reduced.

Just keep your fingers crossed that you don't get an asshole cop or judge. I've there might be one or two.

[Anonymous]

To all of those advocating to lawyer: Reckless Driving is a misdemeanor. It is reportable if you have a security clearance, and it can keep you from getting other jobs.

If you can get it reduced to a traffic violation, that would be very important.

Remember, Jayson Werth did not realize how aggressive the penalties are in VA. Granted, he was driving 105, but was sentenced to 10 days -- reduced to 5 days in a plea bargain...and served them. The man is paid something like 16 million/year...he can afford the lawyer.

[Anonymous]

Anonymous wrote:

Anonymous wrote:This law targets people who are from out of state and are just driving through, which does not make the state very welcoming.

The law targets assholes who go over 80mph and endanger the lives of everyone else on the road. Such creatures are not welcome in this state. Hope they throw the book at you.

I moved from DC to a part of the country where the speed limit is often 75 on the highways/interstates where there are only 2 lanes each direction. It is par for the course to go 80+, but I personally keep my cruise control on and just let everyone pass me.

[Anonymous]

Reckless driving in Virginia is a Class D misdemeanor - the same level of crime as a DUI, punishable by up to a year in jail. A lawyer will cost you about $1K. I know it sucks and the law is stupidly written based on a 55 mph speed limit.

Nevertheless, it is still the law, and you should not take it lightly. The $1K will be the best money you ever spent. Maybe others have gotten off without paying a lawyer, but I have never talked with someone who hired a lawyer and did not get the charge significantly reduced.

[Anonymous]

Anonymous wrote:This happened to me, OP. I paid a lawyer $750 to go to court for me and take care of it. I also took a driving course on my lawyer's recommendation before the court date. It was all expunged from my record.

Same here, it was in North Carolina. I sent the lawyer a bank check for $500 and a notarized letter of power of attorney. For a fee of $250 he appeared on my behalf and pled guilty. The fine was $180 and he returned the $70 difference.

We were coming back from the Outer Banks. In talking to the lawyer on the phone he said he sometimes does up to 20 appearances per day in traffic court during the summer mouths. He was a real-estate lawyer by trade. They only held traffic court 2 days per month.

[Anonymous]

Anonymous wrote:

Anonymous wrote:This happened to me, OP. I paid a lawyer $750 to go to court for me and take care of it. I also took a driving course on my lawyer's recommendation before the court date. It was all expunged from my record.

Same here, it was in North Carolina. I sent the lawyer a bank check for $500 and a notarized letter of power of attorney. For a fee of $250 he appeared on my behalf and pled guilty. The fine was $180 and he returned the $70 difference.

We were coming back from the Outer Banks. In talking to the lawyer on the phone he said he sometimes does up to 20 appearances per day in traffic court during the summer mouths. He was a real-estate lawyer by trade. They only held traffic court 2 days per month.

What a ripoff. I got a speeding ticket in NC last year and I just showed up in court and paid less than half of what you did. They decreased my speed on my ticket. Let me guess, were you driving on i85?

[Anonymous]

Hire a local lawyer and take it seriously.

[Anonymous]

This is seriously insane!!! Where speed limits are 70mph, it's not that hard to go 80.

Speeding is a cash cow for law enforcement.

[Anonymous]

Anonymous wrote:This is seriously insane!!! Where speed limits are 70mph, it's not that hard to go 80.

Speeding is a cash cow for law enforcement.

Your car doesn't have cruise control? I agree it's pretty hard to watch your speed in an urban area, since it's stop-and-go and lots of other things to watch or. On a highway and with cruise control, this should not be difficult.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Go to court. You will get no leniency if you don't show up. Just don't bother with the attorney.

Have to laugh at the certitude of such ignorance ... I spent a lot of time doing traffic court defense in my early career (public defender so no big fee for me or from my clients).

There were times when the judge, the prosecutor and the cop might get to a similar result for a defendant as they'd get with an advocate (attorney). But there were numerous times where, for one reason or another, they were not going to volunteer for a defendant a strategy or issue that could mitigate or be a defense to the charge.

You may not always need an attorney for a minor violation but given the cost of penalties, insurance surcharges, etc., you roll the dice. For example, how many of those people rolling through traffic court pleading guilty to things like stop sign violations, etc., and getting what sounds like a good deal to you (modest fine, etc.), know that there is a parallel provision in the county code in some jurisdictions?

If you get the charge reduced from "failure to stop at a stop sign" or "exceeding speed limit" (state statute) to "failure to obey a traffic sign" or speeding or "failure to give full time & attention to driving" (county code) you have just converted the charge to something with no points on your license.

But sure, right ... don't bother with the attorney. They won't help you, that nice prosecutor will tell you all you need to know about how to do the best you can in your case.

This is the best advice you have gotten OP. The points stay on your record for many years and you are paying for it in other ways. You should be thankful that you did not kill anyone while speeding (as others have) and that our system allows you to hire a lawyer to help you to reduce this to a lessor crime. It costs money but money spent now is money saved later in this case. BTDT.

[Anonymous]

I'm resurrecting an old thread because DS just got charged with exactly the same speed for reckless driving in VA, 83 mph in a 70 mph zone. (anything over 80 in Virginia is reckless driving) Not responsible and possibly not safe, but I was shocked it was a crime, until he started getting letter from lawyers wanting to represent him.

Just curious if OP is still on here what the results were. I was skeptical about spending the money (or his money) on an attorney, but it looks like the best route. Grrrrr. I'm mad both at him and the inflexibility of the law in making this a Class 1 misdemeanor, same as DUI, shoplifting and domestic violence.

Any other advice not imparted in this thread would be appreciated. I am telling him to sign up for a driver improvement class before the court date.

[Anonymous]

I would get a lawyer.

I was clocked going near 90 outside of Staunton. I pulled over, since I was the only car on the road, and waited for the police. This simple action prompted the judge to downgrade my ticket to less than 80. I paid a fine and that was it.

[Anonymous]

Any attorney recommendations in Amherst County in central Virginia?