K
klipped
Guest
What is the name of your state?VA
I received a summons to appear in court for reckless driving in Virginia (Dulles Toll Rd 77/55 mph). The code cited was: 46.2-862
First of all, I have no speeding violations on my driving record nor have I ever been pulled over for speeding (I do, however, have a 'no left turn' violation) so my record appears to be dusty, if not clean. I am not a speeder and I hold a respectable job with the federal government (I realize character is not a real argument). I've read through all the previous posts on VA reckless driving and I've come to the conlcusion that I may be able to defend myself in court and at least get a reduced fine (hopefully speeding or something less).
--- I was driving early sunday morning (7am) to a soccer game. I was travelling in the 3rd lane out from the right and there was a black dodge pickup next to me (in the 2nd lane out) and a light brown sedan next to him (1st lane). The officer was on the right shoulder facing down the road. After we all passed, he got behind my car and I pulled over where he told me that he clocked me at 77/55. I told him I did not think I was speeding and that I did not know my exact speed. Since the black truck was overtaking me, I can only assume that he clocked the truck when it was speeding, but the truck slowed down and it appeared that I was overtaking the truck (because I saw the cop last and was in the outermost lane). My contention is that the truck was the speeder and the officer made a mistake in choosing the violator (most likely based on the fact that I was in the outer lane of the three cars). I did not admit to speeding when the officer questioned me, and I did not argue. I simply treated him with respect for enforcing the law in the manner he saw fit, and went on my way. I did not know at that time the seriousness of this offense.
I would like to represent myself seeing how I cannot afford an attorney, and I wanted to use this as my defense. Any suggestions? Am I out of luck? Is there a way to approach the PA before the trial begins (I understand you must have an attorney present to plea bargain)?
Thanks for reading this long post and responding-
I received a summons to appear in court for reckless driving in Virginia (Dulles Toll Rd 77/55 mph). The code cited was: 46.2-862
First of all, I have no speeding violations on my driving record nor have I ever been pulled over for speeding (I do, however, have a 'no left turn' violation) so my record appears to be dusty, if not clean. I am not a speeder and I hold a respectable job with the federal government (I realize character is not a real argument). I've read through all the previous posts on VA reckless driving and I've come to the conlcusion that I may be able to defend myself in court and at least get a reduced fine (hopefully speeding or something less).
--- I was driving early sunday morning (7am) to a soccer game. I was travelling in the 3rd lane out from the right and there was a black dodge pickup next to me (in the 2nd lane out) and a light brown sedan next to him (1st lane). The officer was on the right shoulder facing down the road. After we all passed, he got behind my car and I pulled over where he told me that he clocked me at 77/55. I told him I did not think I was speeding and that I did not know my exact speed. Since the black truck was overtaking me, I can only assume that he clocked the truck when it was speeding, but the truck slowed down and it appeared that I was overtaking the truck (because I saw the cop last and was in the outermost lane). My contention is that the truck was the speeder and the officer made a mistake in choosing the violator (most likely based on the fact that I was in the outer lane of the three cars). I did not admit to speeding when the officer questioned me, and I did not argue. I simply treated him with respect for enforcing the law in the manner he saw fit, and went on my way. I did not know at that time the seriousness of this offense.
I would like to represent myself seeing how I cannot afford an attorney, and I wanted to use this as my defense. Any suggestions? Am I out of luck? Is there a way to approach the PA before the trial begins (I understand you must have an attorney present to plea bargain)?
Thanks for reading this long post and responding-