F
freqflyer
Guest
What is the name of your state? VA
I am a MD resident who flies on a weekly basis out of National Airport in Wash DC (actually in Arlington VA) so I am very careful to observe the posted and radar enforced speed of 25mph through the airport proper.
The other day I was leaving for a flight, and passed a cab driver on the GW pkwy who was doing 30 in an effort to make my flight. To my error, I thought the limit was 50 in that area, when in actuality it was posted at 40. I'm not sure, but may have exceeded 40 when passing the cab. Entry into the airport proper is marked with a Yellow 30 MPH sign, followed by another yellow 30 MPH sign.
After that, the enforced limit drops to 25mph.
Here is what happened. After travelling up the road at 25 mph, ready to pull in the parking garage, the (rent-a-cop) Airport Auth police turns on the lights, approaches and asks where am I in a hurry to? (Duh...) I say nothing, producing lic/reg, and he asks if I know the limit on the GW. I state I believe it is 50. he states, you are wrong it is 40, and you were doing 50 mph. I figure, okay...I'm wrong, I'll take a speeding ticket, so be it.
During this time, my wife and I sit in the car and wait.
Officer comes back with a ticket for Reckless Driving, citing 46.2.862. I say excuse me? He notes, you were doing 50 in a 40, then 40 in a 30, then 40 in a 30 again, only slowing to 25mph when you hit the 25 zone. That equals more than 25 mph over the posted speed, which equals reckless in virginia, which equals 5000 dollar fine and min 5 days in jail.
While I try to figure what planet this guy learned math on, my wife says "you've got to be kidding me???? My husband was not reckless driving"
Officer argues that it is impossible for a passenger to judge speed. I beg to differ as I am training my 16 yr old how to drive and obey speed laws, and need to constantly observe from the same passenger seat the speedometer, and can accurately do so. My wife accomplishes the same.
Top this off, by looking at the ticket, officer has lied and written, 50 in a 25 mph zone, by which he goes against his own witnessed statement.
My neighbor, who is a DC Officer (captain) tells me that burden of proof is vital in enforcement of a reckless charge and the fact that I was not cited for speeding at all, i.e. 50 in a 40, 40 in a 30 etc, fails to prove according to VA 46.2.852 "In the case of general reckless driving, the government attorney must prove that the driver (1) drove at a speed or in a manner so as to endanger life, limb, or property of another; or (2) that the driver disregarded the consequences of his actions and displayed an indifference to the safety of life, limb, or property. The action must be intentional on the part of the driver." After all, If I was driving in such a way, why would not the law be enforced at the chosen point of infraction, rather than allow one to continue in a reckless course?
I refused to sign the ticket with my own name, as it was a blatant lie, instead signing the officers name as my signature, which he failed to verify.
Now I am a MD driver, with a Middleeastern last name, but born/raised in NY. I am so tired of the racial profiling I have had to endure since 9/11. Once an officer runs your tag, they have a last name, and feel like they've nabbed a potential terrorist. I've been pulled over so many times at airports due to my look, yet have freqflyer gold/plat cards with multiple airlines. I'm so tired of this reverse discrimination that people simply manufacture charges against you. I certainly appreciate that there is an ongoing enforcement for the "smooth operator program" but this appears to be a selective enforcement, overly aggressive.
I know I need to hire an attorney to assist in this case, but thank you in advance for any suggestions/recommendations which anyone can provide.
I am a MD resident who flies on a weekly basis out of National Airport in Wash DC (actually in Arlington VA) so I am very careful to observe the posted and radar enforced speed of 25mph through the airport proper.
The other day I was leaving for a flight, and passed a cab driver on the GW pkwy who was doing 30 in an effort to make my flight. To my error, I thought the limit was 50 in that area, when in actuality it was posted at 40. I'm not sure, but may have exceeded 40 when passing the cab. Entry into the airport proper is marked with a Yellow 30 MPH sign, followed by another yellow 30 MPH sign.
After that, the enforced limit drops to 25mph.
Here is what happened. After travelling up the road at 25 mph, ready to pull in the parking garage, the (rent-a-cop) Airport Auth police turns on the lights, approaches and asks where am I in a hurry to? (Duh...) I say nothing, producing lic/reg, and he asks if I know the limit on the GW. I state I believe it is 50. he states, you are wrong it is 40, and you were doing 50 mph. I figure, okay...I'm wrong, I'll take a speeding ticket, so be it.
During this time, my wife and I sit in the car and wait.
Officer comes back with a ticket for Reckless Driving, citing 46.2.862. I say excuse me? He notes, you were doing 50 in a 40, then 40 in a 30, then 40 in a 30 again, only slowing to 25mph when you hit the 25 zone. That equals more than 25 mph over the posted speed, which equals reckless in virginia, which equals 5000 dollar fine and min 5 days in jail.
While I try to figure what planet this guy learned math on, my wife says "you've got to be kidding me???? My husband was not reckless driving"
Officer argues that it is impossible for a passenger to judge speed. I beg to differ as I am training my 16 yr old how to drive and obey speed laws, and need to constantly observe from the same passenger seat the speedometer, and can accurately do so. My wife accomplishes the same.
Top this off, by looking at the ticket, officer has lied and written, 50 in a 25 mph zone, by which he goes against his own witnessed statement.
My neighbor, who is a DC Officer (captain) tells me that burden of proof is vital in enforcement of a reckless charge and the fact that I was not cited for speeding at all, i.e. 50 in a 40, 40 in a 30 etc, fails to prove according to VA 46.2.852 "In the case of general reckless driving, the government attorney must prove that the driver (1) drove at a speed or in a manner so as to endanger life, limb, or property of another; or (2) that the driver disregarded the consequences of his actions and displayed an indifference to the safety of life, limb, or property. The action must be intentional on the part of the driver." After all, If I was driving in such a way, why would not the law be enforced at the chosen point of infraction, rather than allow one to continue in a reckless course?
I refused to sign the ticket with my own name, as it was a blatant lie, instead signing the officers name as my signature, which he failed to verify.
Now I am a MD driver, with a Middleeastern last name, but born/raised in NY. I am so tired of the racial profiling I have had to endure since 9/11. Once an officer runs your tag, they have a last name, and feel like they've nabbed a potential terrorist. I've been pulled over so many times at airports due to my look, yet have freqflyer gold/plat cards with multiple airlines. I'm so tired of this reverse discrimination that people simply manufacture charges against you. I certainly appreciate that there is an ongoing enforcement for the "smooth operator program" but this appears to be a selective enforcement, overly aggressive.
I know I need to hire an attorney to assist in this case, but thank you in advance for any suggestions/recommendations which anyone can provide.