Reckless driving allegation - Fairfax, VA

What is the name of your state? Virginia

First, thanks to those who have volunteered their stories and advice on this forum, it is great that so many folks would be so kind to do that.

Unfortunately, it appears from reading dozens of posts and recent media stories on-line that Northern Virginia seems to have quite the racket on "reckless driving" allegations and serious money going to the state with terribly unfair consequences for so many drivers. To compare excess speed with a DWI is incredibly ridiculous.

My spouse was cited for "reckless driving" in Fairfax (excessive speed 69/45) and I have a couple questions:

1. Since the stop occured along Rt. 50, a six-lane highway on a patch completed surrounded by forest, we logically thought the speed limit must have been 55 since we hadn't seen any signs and it was late (1 a.m.). Yes, she was speeding, I saw the speedometer in the low 60s. But, reckless driving, that doesn't seem right? Should we go back and take a photo of the area since it seems unreasonable (or at least surprising) that this zone is 45?

2. It appears that hiring an attorney in Fairfax is probably the best bet, since they work together with the traffic court judges frequently. Is this the best bet for having the charge dismissed or changed to "improper driving" or just plain "speeding?" She has not received any tickets before, so envison the chances of dismissal are fair?

3. Although somewhat separate, the assisting police officer (a rookie PFC probably in his early 20s) was grossly unprofessional in his provocative comments and gestures to me and my old mother in law who does not speak English. While I tried to seek clarification from the officer who made the stop so I can explain it to my spouse and her mother in law, and also understand him myself since it is my car, the second officer loudly told me to "shut up" since I was not the driver. He also shouted at my mother in law to get back into the car (she didn't know any better) and translated for her, he told me to shut up again. When I calmly and politely explained that I was helping them via translation he shouted, "you're about two seconds from going to jail!" Having worked quite a bit with law enforcement over the years, I begged his pardon and he dared me to "say one more word!" When I asked him for his name he became more upset. I called his supervisor the next day (a police Lt.) and asked for an internal affairs investigation, and he said he would get back to me. Since the officer's behavior was so out of line, should I bring this up as part of the "reckless driving" case, or is it irrelevant based on the pure alleged speed of the charge?

Any thoughts would be greatly appreciated.

Duane

duane g said:

Since the stop occured along Rt. 50, a six-lane highway on a patch completed surrounded by forest, we logically thought the speed limit must have been 55 since we hadn't seen any signs and it was late (1 a.m.). Yes, she was speeding, I saw the speedometer in the low 60s. But, reckless driving, that doesn't seem right? Should we go back and take a photo of the area since it seems unreasonable (or at least surprising) that this zone is 45?

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Your pictures won't make any difference... and your post is contrary to state law.
The following speed limits apply in Virginia... and based on your post of not seeing any signs, would be the MAXIMUM allowed speed limit:
- 55 MPH on other interstate highways, limited access highways with divided roadways, nonlimited access highways with 4 or more lanes and all State primary highways §46.2-870
- 55 MPH on all other highways for passenger motor vehicles, busses, pickup or panel trucks or motorcycles §46.2-870
- 45 MPH on all other highways for trucks, tractor trucks, a combination of vehicles designed to transport property or a vehicle which is towing either another motor vehicle or a house trailer §46.2-870
- 35 MPH on highways within a city or town excluding interstate or other limited access divided highways §46.2-875

It appears that hiring an attorney in Fairfax is probably the best bet, since they work together with the traffic court judges frequently. Is this the best bet for having the charge dismissed or changed to "improper driving" or just plain "speeding?" She has not received any tickets before, so envison the chances of dismissal are fair?

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Never, EVER hurts to have an attorney.

Although somewhat separate, the assisting police officer (a rookie PFC probably in his early 20s) was grossly unprofessional in his provocative comments and gestures to me and my old mother in law who does not speak English. While I tried to seek clarification from the officer who made the stop so I can explain it to my spouse and her mother in law, and also understand him myself since it is my car, the second officer loudly told me to "shut up" since I was not the driver. He also shouted at my mother in law to get back into the car (she didn't know any better) and translated for her, he told me to shut up again. When I calmly and politely explained that I was helping them via translation he shouted, "you're about two seconds from going to jail!" Having worked quite a bit with law enforcement over the years, I begged his pardon and he dared me to "say one more word!" When I asked him for his name he became more upset. I called his supervisor the next day (a police Lt.) and asked for an internal affairs investigation, and he said he would get back to me. Since the officer's behavior was so out of line, should I bring this up as part of the "reckless driving" case, or is it irrelevant based on the pure alleged speed of the charge?

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Not relevant to the FACT of her speeding... and the subsequent ticket.

For more, go to:
http://www.brianjgrossman.com/faq_recklessbyspeed.htm
http://www.nhtsa.dot.gov/people/injury/enforce/stspdlaw/vaspeed.htm

Reckless driving allegation

JETX, thanks for your thoughts and the links.

I called the local police dept today to ask why that six-lane highway had a 45 mile speed limit, armed with the VA statute info that you kindly provided. The dispatcher replied that the state highway authority sets those, not the police. When I read the statute description of what should be a 45 mile an hour zone, she didn't know, but suspected that there are a lot of accidents there? Sounds like a classic definition of a speed trap, revenue generating machine to me. I suppose we'll need a lawyer just to save aggravation and $ down the road.

On the disrespectful rookie, I'll work through the Police Chief's office, internal affairs and the Mayor's office if need be to sort him out. No need for that kind of behavior out there.

Duane

11. 11The court may reduce any reckless driving offense to improper driving if "the degree of culpability is slight." §46.2-869 Important. Under Virginia law, "improper driving" is not a defined crime. As such, law enforcement offices do not charge a person with this offense. Instead, a driver is normally charged with an offense which has been "labeled" as "reckless driving" and, if the circumstances warrant, the court reduces such charge to "improper driving" for sentencing purposes.

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Even if the judge reducers it to a speeding offense that is still six points. An attorney may be able to get it down to the above but Fairfax is a tough court. You can go in on your court date and see what they offer. Then you can request time to consult with an attorney if you are not satisfied. Suggest that you go back over the route and see if you can find the signs.

Thanks IWPAT, good advice. I think I'll take a few photos as well, and perhaps see if I can find an aerial view of that stretch of Rt. 50 on-line or in the library. I was shocked when the police told us that was a "45", I've never seen a "45 mph zone" like that.

1. Since the stop occured along Rt. 50, a six-lane highway on a patch completed surrounded by forest, we logically thought the speed limit must have been 55 since we hadn't seen any signs and it was late (1 a.m.). Yes, she was speeding, I saw the speedometer in the low 60s. But, reckless driving, that doesn't seem right? Should we go back and take a photo of the area since it seems unreasonable (or at least surprising) that this zone is 45?

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What the speed limit should or should not be has nothing to do with your case. The state sets speed limits with public safetly in mind, and you are still guilty even if you disagree. If you think the speed limit should be changes, call the highway department, but it won't change your case.

Reckless driving allegation

Ladies & Gentlemen,

To conclude this e-advice thread, we have reached a verdict...

The judge's findings were:

1. Reduce "reckless driving" (69/45) allegation to "simple speeding" (69/55)
2. Suspend "simple speeding" fine of $45 due to positive 5 points on license from recent voluntary on-line driver's school completion.
3. Pay court costs only, $57.

Key to these findings were several pieces of evidence introduced in addition to testimony.

1. Four color pictures of highway stretch of 6-8 lanes, divided by concrete barrier without any nearby traffic lights or cross streets. "Prima Facie" speed limit appeared to a 55 MPH zone, which the judge agreed to.
2. E-mail note from VA. Dept. of Transportation stating that 3 additional speed limit signs would be posted along that stretch of highway, since there was a large gap in these signs along the highway. Insufficient signage.
3. Certificate of completion from voluntary traffic school.

Key lessons learned:

1. Never exceed 10+ MPH over the speed limit and be careful to look for speed limit signs. The whole "reckless driving" allegation (20+ MPH over the limit) has been time consuming and stressful.

2. Attorney fees are outrageously overpriced for traffic court, I was quoted between $850 and $2,000 for this simple matter. Lawyers are only a must for DUI cases or "reckless driving" over 85-90 MPH, each of which may result in jail time.

3. Although hard to believe for law abiding citizens, police officers may tell bold faced lies in court. Fortunately, the judges are smarter than the troopers and can spot inconsistencies. (The cop in this case actually had the gaul to lie to the judge that the pictures were not taken where the summons was written, despite the obvious evidence to the contrary in the form of the cop's own notes on the summons (Rt. 50 & I-495) compared with the pictures with highway signs, "coincidentally" Rt. 50 & I-495.

4. Take advice on this forum with a grain of salt. The truism, "you get what you pay for" is fitting. The folks who replied to my posts each had some info of value, while at the same time being overly pessimistic or factually incorrect. This leads me to believe that they may be (1) lawyers trying to drum up business, (2) cops trying to dissuade challenges in court, (3) miscreants, (4) want-to-be Perry Masons. A few folks that I have read in other threads appear to be more honest, complete & forthright, like I am trying to be for the benefit of my fellow motorists.

5. Call the Court Clerk or District Attorney's office to find out what realistic scenarios would be for your case.

6. Wear professional business attire to court.

7. Pay utmost courtesy and respect to the judge presiding over the case.

8. Take a driver improvement course so it is on file with DMV, in the event you are stopped for speeding. These courses are good for a positive 5 points on a license in most states. It only took a week on-line, was relatively painless, and only about $50.

9. If in doubt about speed limits, call the Dept. of Transportation and speak with the Traffic Engineer responsible for that section of road or highway. They are the people that set speed limits and may be able to provide you with valuable information.

10. If police officers lie or mistreat you on the road or in the courtroom, do not hesitate to contact their supervisor and/or internal affairs by phone or in writing. Have witnesses prepared to provide input to supervisors and internal affairs if needed. Elected officials (Mayors, City Council, Members of Congress) can also be notified in writing if satisfactory actions are not taken. Let's not forget Rodney King.

Best of luck,

Duane

Congrats on your Win

Duane,

Did you present your case directly to the judge ? Or did you talk to the prosecutor lawyer to reduce your sentence before the session ?

Also it would be nice to know what county and judge the case was heard in.

Regards,

DCA,

My spouse (the defendant) presented her case directly to the judge. Although I have a certificate from an Ivy League Law School, since I am not a member of the Virginia State BAR, I could not legally represent her. I did give her a one-page primer listing talking points of what she was to tell the judge, as well as preparing the exhibits for her to hand to the bailiff when she was called. Since I was in the car when she was pulled over, I witnessed everything including road conditions, time of day, and lack of speed limit signs, etc. Also, her first language is not English, so I needed to help there too.

Since she was not represented by counsel, the police officer represented the state, not the DA. If we had an attorney, our man would have talked to the DA before the case (probably in the foyer outside the courtroom) to see if the state would be amenable to reducing the charge so that when we all went in front of the judge, a deal would have already been worked out. This is why folks hire attorneys, since for jailable offenses like DUIs or speeding over 85 MPH, you want that "agreed to a lesser charge" before appearing in front of a judge.

It was Fairfax County, VA. I cannot release names of judges or others involved in the case due the privacy act.

Best of luck,

D

D - Congratulations for successfully standing up for your rights and for taking the time to post your results, very much appreciated.

Did anyone else do as well as you in court?