Speeding / RD in VA. 81mph in a 55.

What is the name of your state? MA

Alright folks.
It seems as if this is a highly discussed topic on this site.
I was driving back to MA this weekend and was pulled over doing 81mph in a 55mph zone. Yes, I was also given the reckless driving charge.

Everyone keeps talking about taking this charge seriously. Yet I only see one or two people that have actually dealt with this charge. I know what happens many time on forums and how things are blown out of proportion. I see it a lot. I'm looking for people with actualy experience in this charge.

Here are my questions.
Can I write a letter to the DA in VA that would be handling this case? I'm 28 and have only been pulled over for a moving violation one other time in my driving career. I was able to write the DA and ask for a lowerd violation. It seems the areas are more concerned about getting the $$$ associated with the fine.

Assuming I can't do this, what is the next action I should take? I do not want to return to VA for this court date. Have people retained a lawyer to handle this for them?

Again, I'm not try to belittle people's opinions, but it would help if you only reply if you have dealt with this exact situation. I keep reading about jail time and I am going to assume that they don't throw people in jail for a speeding offense. Especially when it's their first one. 60 minutes would love that one.

Thanks all-

81/55 is R/D in VA. Class ONE misdemeanor - CRIMINAL OFFENCE not a traffic ticket. If you can live with the consequences of a CRIMINAL RECORD, then go for it "pro se".

Good luck.

RT, I think you gave a good answer to your own question, don't rely on what you read on the internet.

Give 2 -3 lawyers in the area you received the ticket a call. Most will give an initial consultation over the phone at no charge.

Give the DA office a call also to find out what is really at stake given your background.

I'd also check with you local DMV to see what they would do if a "reckless" conviction comes back.

Let us know what you learn. A few more real world results would help all.

Definitely will-
I plan on calling the courthouse tomorrow morning.
Going to find out how they recommend I handle the situation. I will also call two or three attorneys in the area after I make that initial phone call.

I'm just dumbfounded that there isn't more of an uprising from the media regarding these charges.
I was on a stretch of highway that went from 65 to 55 for less than 200 yards. Never noticed the sign. To say that my "criminal activity" is as serious as drunk driving is an absolute travisty of the judicial system.

If you want money for your highways, increase the fines. Don't put permanent scars on someone's record.

Sorry for the rant. I will post more when I hear tomorrow.

Regards-
_RT_

_RT_ said:

Definitely will-
I plan on calling the courthouse tomorrow morning.
Going to find out how they recommend I handle the situation. I will also call two or three attorneys in the area after I make that initial phone call.

I'm just dumbfounded that there isn't more of an uprising from the media regarding these charges.
I was on a stretch of highway that went from 65 to 55 for less than 200 yards. Never noticed the sign. To say that my "criminal activity" is as serious as drunk driving is an absolute travisty of the judicial system.

If you want money for your highways, increase the fines. Don't put permanent scars on someone's record.

Sorry for the rant. I will post more when I hear tomorrow.

Regards-
_RT_

Click to expand...

RD in VA is serious even if you are out of state and definately deserves retaining a local attorney.

Even if it was 65 you were going too fast at 81 mph.

I remember driving through VA a few years back, used to relying on roadsigns elsewhere and noticed that signs for roadside services such as food and gas were very deceptive, in at least one case it lured us more than 5 miles off the freeway before we reached a place to eat, which left me very cranky. Yes it is very easy to drive too fast there and they rely on that income. I didn't speed, thus, didn't get cited for RD either, but nearly starved to death

Virginia is for Traffic Lovers - not!

Your rant is spot on.
And actually there WAS a hoopla in the media just a few days ago about RECKLESS DRIVING. Not the idiocy of the law, but the fines assessed. Seems a couple of legislators want to convince Richmond to increase the fines to some ridiculous sum - like $250 per year for 3 years. Think I'm kidding? Read on...

http://www.wtkr.com/Global/story.asp?S=2610206

Reckless Drivers In Virginia May Face Stiff Fines

(State News, VA, November 24th, 2004, 11:04 a.m.) A single reckless driving conviction would cost motorists an extra 750 dollars under a proposal intended to generate money for road construction.

Under the proposal, motorists convicted of a serious traffic offense would pay extra fees in addition to the criminal fines imposed by a court. The plan sets the fees, charged annually for three years, at 200 dollars for driving with a suspended license, 250 dollars for reckless driving and 300 dollars for driving while intoxicated.

Republican delegates David Albo and Thomas Rust, both Fairfax County, say they hope to raise 140 million dollars annually for roads and transit projects if the legislature approves their so-called abuser fees. They borrowed the idea from New Jersey, which imposes hefty fees on bad drivers.

This should illustrate just how wacky Virginia really is.

_RT_ said:

Definitely will-
I plan on calling the courthouse tomorrow morning.
Going to find out how they recommend I handle the situation. I will also call two or three attorneys in the area after I make that initial phone call.

I'm just dumbfounded that there isn't more of an uprising from the media regarding these charges.
I was on a stretch of highway that went from 65 to 55 for less than 200 yards. Never noticed the sign. To say that my "criminal activity" is as serious as drunk driving is an absolute travisty of the judicial system.

If you want money for your highways, increase the fines. Don't put permanent scars on someone's record.

Sorry for the rant. I will post more when I hear tomorrow.

Regards-
_RT_

Click to expand...

The insanity spread to NC where 15 over or anything greater than 80 (e.g. 80 in a 70) is reckless and could result in a 30+ day suspension and 200% increase in your insurance for 3 years. Pump $300-$500 into the legal system and it goes away. Guess what two groups sponsered that legislation?

Guess which two states now have the largest number of unlicenced, uninsured drivers in the country? Good luck if one of these people slams into you.

Everyone else needs to listen up since other states are paying attention to this "easy" way to increase revenue.

In the mean time, take responsibility, minimize the damage, learn your lesson and move on. WHen driving be careful, pay attention, take it easy on the throttle, no more than 5 over if alone and don't drive faster than the traffic around you.

Join a local car club that can get you some track time if you like to drive fast. This cost less than one reckless ticket a year and is a ton of fun ;-)

Expect the worst & hope for the best. Vaya con Dios.

Had a reckless/speeding albeit more severe than yours (70MPH over the speed limit). Received 25 days jailtime after 65 days suspended, $1600 fine, and 6 month license suspension...All this with a $1000 in legal fees.
I still can't beleive I went to jail for speeding, but I guarantee that history will not repeat itself!

I had 95 in 65

My advice to you is if you got a clean record do NOT by any chance fail to take it to the judge get a copy the day befor the trial. Then say these exact words " I am guilty your honor but i beg the courts liniance that i may go to driving school I promise I learned my lesson I will never do it again" for you that will work and will walk of with only paying little money no prob.no points an no jail but do it! Driving school can be done at home in the internet and its better then jail and paying huge fines.-

I'm w/ you

Robbie0723 said:

The insanity spread to NC where 15 over or anything greater than 80 (e.g. 80 in a 70) is reckless and could result in a 30+ day suspension and 200% increase in your insurance for 3 years. Pump $300-$500 into the legal system and it goes away. Guess what two groups sponsered that legislation?

Guess which two states now have the largest number of unlicenced, uninsured drivers in the country? Good luck if one of these people slams into you.

Everyone else needs to listen up since other states are paying attention to this "easy" way to increase revenue.

In the mean time, take responsibility, minimize the damage, learn your lesson and move on. WHen driving be careful, pay attention, take it easy on the throttle, no more than 5 over if alone and don't drive faster than the traffic around you.

Join a local car club that can get you some track time if you like to drive fast. This cost less than one reckless ticket a year and is a ton of fun ;-)

Click to expand...

I got popped allegedly doing 85 in a 65 in NC. I spoke w/ an attorney. It'll cost me about $350 to keep my license and get the points down low enough so my insurance and home state don't SCREW me. You are correct, 15 over 55 or over 80 will cost you a suspended license and a MANDATORY COURT APPEARANCE no matter where you are from. Best bet is hire an attorney. In fact, about five days after your ticket is filed, you'll get a bunch of attorney solicitations in the mail....

Thought I would update everyone on the ticket situation.
Yes. I did receive a few letters from attorneys in Virginia. Pretty amanzing considering I never contacted any of them. Means they got my address from the state police and/or court system. Can you say bull#@it? Obviously the courts in Virginia are making a pretty penny off this speeding racket.

Well, the day I received my ticket, the officer said that I would receive confirmation from the courts on my court date. He said I should receive notice approximately two weeks before the day.
Think I did?

Nope.

I got a notice in the mail last week saying that I missed my court date. It gave me a date that my license would be suspended and told me what my fine was.
Amazing.

I'll be contacting the court today to schedule a date. I would think that shouldn't be a problem.

Once again...... I'll continue to update as this thing progresses.

Thanks again all.

Trust me...

VA ain't the South. They have the resources and desire to track you done.

Sean

Well- As promised here is the final conclusion.

I've learned a couple things.
A few things remain that I won't find an answer to myself as my trial is over.

What I did:
Retained a lawyer as recommended by most people I spoke with.
I didn't want to waste the time or money to travel to VA for this hearing unrepresented. I did find a lawyer that felt he could handle the hearing without my being there.

He appeared before the judge.
Got my ticket dismissed provided I attend traffic school before August + Court costs.
Conversations with him basically assured me that representing yourself is a risky undertaking in the state of VA. Truth? I don't know.
But all said and done, I'm glad I handled it this way, and I am obviously happy with the outcome.

I'd be happy to recommend the attorney I worked with, but won't post it as I don't know if he would want that.
He was relatively inexpensive. Very communicative. And obviously good at this job.

Lesson learned.
Don't speed in Virginia.

Althought I still believe there is some very SHADY stuff going on with the court system, the attorneys and the state. Sad that nothing can be done about it.

I know exactly what you mean. I am in the same situation right now in NC. I am still amazed that for a first a offense I can get my license suspended for a year and have my insurrance a bout triple. Someone was complaining about $750 for reckless, I heard in NC the max fine is $2500. I live in FL and I am also thinking about getting a lawyer. I got letters from them the day after the citation.

RT - thanks for posting you results.