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Virginia Reckless Driving IL driver

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x96karmann

Junior Member
Need Advice Virginia Reckless Driving IL driver

What is the name of your state? IL

I was currently in Virginia on business and was pulled over and given a summons for reckless driving. The officer said he clocked my at 82 miles per hour in a 65 mph zone, which I truley believe I was not going 82 but about 75-78. I was also traveling with two other cars at the same speed. When I was pulled over, the officer first asked for my rental car agreement so he obviously new I was not from the area. I received a summons for court, but will not be able to attend the date due to the distance from IL. Should I consider hiring a lawyer? The officer told me that since the fine can not be prepaid to let the court date pass and then call the court, should I do that? The other part that makes me extremely nervous is that I do have a previous DUI conviction in IL. I don't know how that will be taken into considerayion or if it will even come up since it does not show on a regular driving history check. I do not think that the officer knew this since it does not come up on my record. What should I do?
 
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JLR80

Junior Member
x96karmann said:
What is the name of your state? IL

I was currently in Virginia on business and was pulled over and given a summons for reckless driving. The officer said he clocked my at 82 miles per hour in a 65 mph zone, which I truley believe I was not going 82 but about 75-78.
It's basically irrelevant. The officer will testify that he is an "expert" at measuring the speed of a moving vehicle. Unless you can prove beyond a reasonable doubt that you were in fact not speeding you should pay the fine. The only legal defense for speeding was that you were in fact not exceeding the speed limit. You should check to see if the court will allow you to take a diversion (aka court supervision), which will allow you to pay the fine + court fees and avoid placement of the ticket on your record.

For Illinois residents moving violations such as speeding, disregarding a traffic control light, improper lane usage, etc. remain on a driver's record for four to five years from the date of conviction. If the ticket forms the basis for a suspension or revocation, the information will be carried on your driving record for a minimum of seven years from the date of reinstatement. Alcohol/drug offenses remain on a driver's record for a lifetime. If you hold a CDL you have ten days to notify the Illinois SOS of your violation or you risk revocation of your CDL.
 

Smiles

Member
JLR80 said:
The only legal defense for speeding was that you were in fact not exceeding the speed limit.
The OP isn't being charged just with speeding, but with reckless driving. His defense against reckless driving could, in fact, include testifying to the fact that he was speeding - just not to the degree he was cited.

OP, there have been many topics about reckless driving in VA recently. Browse/search for more information, much of which you will probably find relevant, such as this topic. I do not understand the advice from the officer about letting the court date pass - you should respond to the court prior to the date listed on your citation. If you don't, you could find your license suspended in Virginia, which should result in your license being suspended in Illinois. (See the Non-Resident Violator Compact. Both Illinois and Virginia are members.)
 
RD speeding is a very serious charge. In VA it is a Criminal Class 1 misdemeanor, which is similar to having a DUI on your record.

'Smiles' offers excellent advice:
..[A] defense against reckless driving could, in fact, include testifying to the fact that he was speeding - just not to the degree he was cited.
You posted that the officer told you:
[..] that since the fine can not be prepaid to let the court date pass and then call the court, should I do that?
You received a SUMMONS. When you signed it you were stating that you would appear on that date. If you cannot make that date contact the Clerk of Court listed on the SUMMONS and ask for another date. They will usually grant only 1 continuance, but this will buy you necessary time. DO NOT LET THE COURT DATE PASS! If you do they will most likely issue a Failure To Appear (FTA) and a bench warrant will be issued for your arrest. This will cause you to have two fines and court costs to pay. Do not let that happen! If you do, when you go to renew your drivers license in IL they will probably not renew your license until you clear up your issues in VA. It is also possible, if you ever go back to VA and get stopped for any infraction, e.g. tailight, etc., that they would arrest you for 'Driving Without A License' and also enforce the bench warrant.

'Smiles' also offers good advice by suggesting you should review similar RD speed postings in this forum. Here is a thread in this forum of a recent RD Speed case in VA that was dismissed: https://forum.freeadvice.com/showthread.php?t=332010 - just click on it! While somewhat lengthy there are good tips within those threads. There are also a few postings by RONA that will offer you additional insight. Your goal should be to reduce this charge of RD Speed to speeding violation instead, which is a Civil/traffic infraction rather than a Criminal Class 1 misdemeanor.

You should hire an attorney to 'plead' your case, or call the Commonwealth's attorney's office in that jurisdiction yourself (as RONA did). While hiring the attorney is the prudent thing to do, you may still be required to appear. Only your attorney can advise you properly. On the other hand, if you feel you can communicate well, and have the time to deal with this on your own you could probably do it without an attorney. The penalty for conviction of this charge is very serious though.

In VA the penalty parameters for reckless driving are up to one year in jail, and/or up to $2,500 in fines. Reckless driving also carries the possibility of a suspension of driving privileges for up to 6 months.

Do not take the advice of the arresting officer! Let us know how your case proceeds and good luck!

KTL
 
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DRTDEVL

Member
He knew it was a rental due to the orange year date sticker... All rentals have it, no matter what year the plates expire, usually accompanied by a multiple digit number inscribed in ink on the bottom of the plate.
 

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