Please advise on my 3rd moving violation summon

Virginia

I already have 2 moving violation and 11 points in my records in Virginia and today I got another ticket it says 65/83

The cop gave me a summon to appear in the court. Can someone please advise me on my situation? How I should defend this? What are my options? What can happen in the court? I_m fairly new in this country and I have no clue what will happen now and what action I should take now. Please help.

For somebody new in the country, you sure are going about things in a stupid way. You apparently did not learn your lesson from your first two mistakes. You are going to lose your license, and you deserve it.

You do get good points in VA for every year of infraction free driving plus I believe you can take driving school to reduce the bad points further...

You should consider a lawyer to challenge the ticket if you do not feel like you can argue it yourself.

VA has very strict statute based regulations on how speed measurements are conducted and how often the equipment needs to be calibrated - it is very likely that there is at least one issue for a challenge.

From the website:
If you are 18 or olde and you accumulate eight demerit points in 12 months (or 12 points in 24 months), you will receive an advisory letter that cautions you about the consequences of violating the law.

If you accumulate 12 demerit points in 12 months (or 18 points in 24 months), you will be required to complete a driver improvement clinic. You must enroll in and satisfactorily complete the clinic within 90 days.

If you accumulate 18 demerit points in 12 months (or 24 points in 24 months), your driving privilege will be suspended for 90 days. Additionally, you must complete a driver improvement clinic before your privilege will be restored. Once your privilege is restored, you will be placed on a six-month probation period.

The Occultist said:

For somebody new in the country, you sure are going about things in a stupid way. You apparently did not learn your lesson from your first two mistakes. You are going to lose your license, and you deserve it.

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Mistake may be the wrong word when the freeways are intentional posted 15 mph under the 85% speed...within 5 mph of the 85% speed being the safest speed to travel...
In the communist republic of VA, even an old grandmother who leads a parade every where she goes can get three tickets in a very short time.

cepe10 said:

Mistake may be the wrong word when the freeways are intentional posted 15 mph under the 85% speed...within 5 mph of the 85% speed being the safest speed to travel...
In the communist republic of VA, even an old grandmother who leads a parade every where she goes can get three tickets in a very short time.

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And what was your legal point?
.
.
.
(that's what I thought)

Virginia Reckless Driving

83 in a 65 is reckless driving in Virginia and you can kiss your license goodbye. Your best option is probably to move to PA which does not post out of state tickets to your record. This is a very serious offense and you should hire an attorney. Do a Google search for Virginia Reckless Driving.

lwpat said:

83 in a 65 is reckless driving in Virginia and you can kiss your license goodbye. Your best option is probably to move to PA which does not post out of state tickets to your record. This is a very serious offense and you should hire an attorney. Do a Google search for Virginia Reckless Driving.

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Lwpat, Funny thing about that is that most if not all the VA freeways are designed to 80 mph with regard to vertical and horizontal curves, sight distances and superevevations - and that being based on a 1970's automobile without antilock brakes, stability control, todays tires and suspensions - remember back to the 75 mph speed limits with these cars.

Apparently, the VA legislature in it's ultimate wisdom has made the design speed = reckless driving... I'm sure with pressure from the usual subjects of misinformation and non-engineering insurance co's lobbyists and other hysterical neurotics.

OP - that 3 miles per hour over 80 mph is a big deal, since a lot rides on it I would challenge that measurement...if the gun hasn't been calibrated in 6 months you might get it down to a normal ticket even if the case is not dismissed.

cepe10 said:

Mistake may be the wrong word when the freeways are intentional posted 15 mph under the 85% speed...within 5 mph of the 85% speed being the safest speed to travel...
In the communist republic of VA, even an old grandmother who leads a parade every where she goes can get three tickets in a very short time.

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HUH?!? That makes no sense at all. The POSTED speed limit IS the speed limit. I've only been to Virginia a few times, but I don't recall ever seeing a disclaimer when entering the state that explained that the REAL speed limit was 15% high than the POSTED speed limit. Wouldn't that be unconstitutional to the mathematically challenged?

cepe10 said:

Lwpat, Funny thing about that is that most if not all the VA freeways are designed to 80 mph with regard to vertical and horizontal curves, sight distances and superevevations - and that being based on a 1970's automobile without antilock brakes, stability control, todays tires and suspensions - remember back to the 75 mph speed limits with these cars.

Apparently, the VA legislature in it's ultimate wisdom has made the design speed = reckless driving... I'm sure with pressure from the usual subjects of misinformation and non-engineering insurance co's lobbyists and other hysterical neurotics.

OP - that 3 miles per hour over 80 mph is a big deal, since a lot rides on it I would challenge that measurement...if the gun hasn't been calibrated in 6 months you might get it down to a normal ticket even if the case is not dismissed.

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Design speed has nothing to do with anything. If the law says you cannot do something, then design speed doesn't magically mean you can ignore the law.

I know you're concerned about somebody holding up traffic by going the speed limit while everybody else speeds on by, but, ya know what? If everybody goes the speed limit, then you can't hold up traffic by going the speed limit!

Your advice is not legal advice and it does not help the OP.

The Occultist said:

DI know you're concerned about somebody holding up traffic by going the speed limit while everybody else speeds on by, but, ya know what? If everybody goes the speed limit, then you can't hold up traffic by going the speed limit!

Your advice is not legal advice and it does not help the OP.

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I agree with that completely. However, I was actually pulled over and given a written warning for "impeding the flow of traffic" in Houston several years ago. I was driving 5 mph OVER the speed limit at the time. I suspect that I was only "warned" because the officer was well aware of the fact that anyone with 2 functional brain cells could easily have the ticket dismissed out in court.

ceara19 said:

I agree with that completely. However, I was actually pulled over and given a written warning for "impeding the flow of traffic" in Houston several years ago. I was driving 5 mph OVER the speed limit at the time. I suspect that I was only "warned" because the officer was well aware of the fact that anyone with 2 functional brain cells could easily have the ticket dismissed out in court.

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The exception I have with VA is that the speed limit penalties are not based on safety or standard engineering practices as they disregard the normal movement of traffic...and may be in violation of the Eighth Amendment.

http://www.motorists.org/issues/speed/modellaw.html

In TX if you were drifting at any time below the speed limit you were guilty, especially if you were in the left most passing lane on a freeway doing it...

§ 545.051. DRIVING ON RIGHT SIDE OF ROADWAY.
(b) An operator of a vehicle on a roadway moving more slowly
than the normal speed of other vehicles at the time and place under
the existing conditions shall drive in the right-hand lane
available for vehicles, or as close as practicable to the
right-hand curb or edge of the roadway

§ 545.363. MINIMUM SPEED REGULATIONS. (a) An operator
may not drive so slowly as to impede the normal and reasonable
movement of traffic, except when reduced speed is necessary for
safe operation or in compliance with law.

cepe10 said:

The exception I have with VA is that the speed limit penalties are not based on safety or standard engineering practices as they disregard the normal movement of traffic...and may be in violation of the Eighth Amendment.

http://www.motorists.org/issues/speed/modellaw.html

In TX if you were drifting at any time below the speed limit you were guilty, especially if you were in the left most passing lane on a freeway doing it...

§ 545.051. DRIVING ON RIGHT SIDE OF ROADWAY.
(b) An operator of a vehicle on a roadway moving more slowly
than the normal speed of other vehicles at the time and place under
the existing conditions shall drive in the right-hand lane
available for vehicles, or as close as practicable to the
right-hand curb or edge of the roadway

§ 545.363. MINIMUM SPEED REGULATIONS. (a) An operator
may not drive so slowly as to impede the normal and reasonable
movement of traffic, except when reduced speed is necessary for
safe operation or in compliance with law.

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The only law that I broke was SPEEDING 5 mph OVER the limit. However, in Houston, most vehicles are speeding along at around 85 mph in a 55.