Reckless in Northern VA.

What is the name of your state? Virginia

At the risk of unleashing the wrath of this forum, i would consider this lesser reckless driving. heres the deal:

Crusing on the Dulles Toll Road towards DC. Coming up on the Final toll gate and i merge into the Speedpass lane. As traffic was light, cars were cruising right through the speed pass without any problem. Spacing was enough that no one really needed to slow down. I zip through the lane and get lasered by the trooper. 64 in a 35. VA code 46.2-862. What i consider "plain jane" reckless.

Spotless driving record to date (i currently have +5 safe driver points with the DMV). Last speeding ticket was 11 years ago when i was 17. With the 6 points of the Reckless, I would be at -1 point. Possibly good grounds to argue for reduction with enrollment in driver safety?

what about hiring a lawyer? still advised in this case?

thanks in advance.

anyone have any thoughts?

sign?

Go back to the tall, check if the sign was not conforming to MUTCD standard - in MA that was the famous case which the driver won because the sign was tiny and looked like bank commercial. Also, check the statute you were cited, see if speed survey was required.

P.S. Your grandma talking: Slow down next time, there is a reason for the speed limit - you cannot see anything behind the tall booth, and traffic is merging from all directions

The Toll Road and Greenway toll speed limits are well marked so I don't see the judge buying off on that. Additionally the judges I have dealt with around this area can be tough to sway... With your driving record I would spend the money on hiring a lawyer and getting the ticket reduced.

I know that the police really crack the whip on the folks who haul butt through the toll lanes as it is really dangerous to the toll booth operators and the traffic merging through the other booths... It might not hurt to contact the officer directly and speak to her/him about your driving record and see if they will agree to lower it as well...

article in boston herald

EvilWizard said:

The Toll Road and Greenway toll speed limits are well marked so I don't see the judge buying off on that. Additionally the judges I have dealt with around this area can be tough to sway...

Click to expand...

http://clubs.hemmings.com/clubsites/massnationalmotorists/fl_MUTCD.html

MUTCD is a viable defense, tough judges or not

Not saying its not a viable defense I am just saying that the judges around this area aren't very lenient. Here is the Virginia State Code if interested, but I believe the speed signs at the tolls in the area this person is speaking of conform:

§ 46.2-830. Uniform marking and signing of highways; drivers to obey signs; enforcement of section.

The Commonwealth Transportation Board may classify, designate, and mark state highways and provide a uniform system of marking and signing such highways under the jurisdiction of the Commonwealth. Such system of marking and signing shall correlate with and, so far as possible, conform to the system adopted in other states.

All drivers of vehicles shall obey lawfully erected signs.

No provision of this section relating to the prohibition of disobeying signs or violating local traffic signals, markings, and lights shall be enforced against an alleged violator if, at the time and place of the alleged violation, any such sign, signal, marking, or light is not in proper position and sufficiently legible to be seen by an ordinarily observant person.


And IANAL by any means just posting helpful information if I can.

what about VA code 46.2-862?

Thanks, EvilWizard:

you have found exact statute that would be subject to MUTCD. Now, the question is: what does VA code 46.2-862 say?

I will post it for the original poster's benefit even though it easy to look up...

VA code 46.2-862

A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit where the applicable speed limit is thirty miles per hour or less, (ii) at a speed of sixty miles per hour or more where the applicable maximum speed limit is thirty-five miles per hour, (iii) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limits where the applicable maximum speed limit is forty miles per hour or more, or (iv) in excess of eighty miles per hour regardless of the applicable maximum speed limit.

getting there

Great, that should already be helpful in case the charge is reduced below 60 in trial. What about the speed limit rules in VA, what are the statutes describing how the limits are set?

I just search at http://leg1.state.va.us/000/src.htm for the info...

Notwithstanding the other provisions of this article, the Commonwealth Transportation Commissioner or other authority having jurisdiction over highways may decrease the speed limits set forth in § 46.2-870 and may increase or decrease the speed limits set forth in §§ 46.2-873 through 46.2-875 on any highway under its jurisdiction; and may establish differentiated speed limits for daytime and nighttime by decreasing for nighttime driving the speed limits set forth in § 46.2-870 and by increasing for daytime or decreasing for nighttime the speed limits set forth in §§ 46.2-873 through 46.2-875 on any highway under his jurisdiction. Such increased or decreased speed limits and such differentiated speed limits for daytime and nighttime driving shall be effective only when prescribed after a traffic engineering investigation and when indicated on the highway by signs. It shall be unlawful to operate any motor vehicle in excess of speed limits established and posted as provided in this section. The increased or decreased speed limits over highways under the control of the Commonwealth Transportation Commissioner shall be effective only when prescribed in writing by the Transportation Commissioner and kept on file in the Central Office of the Department of Transportation. Whenever the speed limit on any highway has been increased or decreased or a differential speed limit has been established and such speed limit is properly posted, there shall be a rebuttable presumption that the change in speed was properly established in accordance with the provisions of this section.

Jackpot! well, almost...

EvilWizard said:

Such increased or decreased speed limits and such differentiated speed limits for daytime and nighttime driving shall be effective only when prescribed after a traffic engineering investigation and when indicated on the highway by signs. It shall be unlawful to operate any motor vehicle in excess of speed limits established and posted as provided in this section. The increased or decreased speed limits over highways under the control of the Commonwealth Transportation Commissioner shall be effective only when prescribed in writing by the Transportation Commissioner and kept on file in the Central Office of the Department of Transportation. Whenever the speed limit on any highway has been increased or decreased or a differential speed limit has been established and such speed limit is properly posted, there shall be a rebuttable presumption that the change in speed was properly established in accordance with the provisions of this section.

Click to expand...

Thanks, EvilWizard! This should do it. Now it's up to Jeru to figure out if there is a resent traffic engineering study, as well as appropriate document on file in the Central Office of the Department of Transportation. This can be done via request under Freedom of Information Act. If none of those documents is available (reply to the request is mandatory within 10 days, I think), then you have prima facie defense, and you can prove that your speed was reasonable and prudent. Instructions for all of this should be awailable on the web.

Just as a final point I took a drive through the Dulles Toll Road and Greenway tollbooths this morning and the posted speed limit signs are the standard, legal sign used throughout VA and pretty much the country.

was worth a shot

EvilWizard said:

Just as a final point I took a drive through the Dulles Toll Road and Greenway tollbooths this morning and the posted speed limit signs are the standard, legal sign used throughout VA and pretty much the country.

Click to expand...

Well, here goes my theory
It was worth a shot, though. The part about speed survey is still a valid defense, let's see what discovery and FoI Act request will bring in (if Jeru ever does it).