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1st time Reckless speeding

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Atiek81

Junior Member
Chesterfield County, VA

Today, while it was lightly raining, I was driving towards Hopewell on Rt 10, just passed the I-95 and was stuck behind a car going 40 MPH. When I had the chance I drove around him and continued driving. A police car suddenly pulled behind me and asked me to pull over, I quickly complied. I did not know what I did, but I got my license, proof of insurance, and registration prepared. The officer came to my window and asked where I was going in such a hurry. I told him I was just going home. He then asked if I knew what the speed limit was. I told him it was 55 MPH, he then told me that it was not 55 MPH yet and explained that I was still in the 45 MPH section of Rt 10, and that I was doing 72 MPH. I explained that I did not realize I was going that fast and that I thought the 45 MPH was on the other side of the I-95. He asked what my driving record was like, I told him it was clean. He took my license and registration and went back to his car. By this time another police car pulled up behind him. Both officers were talking.

When he came back he told me that because I was doing 72 in a 45 zone that it was considered reckless speeding, and that I would have to appear in the general district court. He explained that because this is my first offense, that the court may only have e pay a fine and do traffic classes, but it all depends on the court. He asked if I had any questions, I asked him about jail time, since I had heard of people in my school having to serve a month in ail for reckless driving. He told me that usually on the second or third offense that is a higher possibility, but for a first time offense fines and traffic class would be more likely, but said again that it all depends on the court. I'm guessing he noticed I was worried because he told me to not too panic and to calm down, because he had seen good people make bad choices for the first time before and things usually work out.

I've had a clean record for nearly twelve years and have never driven recklessly before. Should I be concerned, or take the officers word and not worry when I show up to court?

I don't want to throw my family into a panic, but if there is a strong possibility that I may serve jail time I want to be able to make arrangements with my relatives to take care of my son.
 


FlyingRon

Senior Member
You should be very concerned. Reckless driving is a misdemeanor. You will have a LIFETIME CRIMINAL RECORD if you are convicted of this. Usually in situations like this you can get this reduced to careless driving (a non-criminal moving violation), sometimes in exchange for driving school (VADIP or the like). If the Commonwealth's Attorney is not willing to offer this outright, you should consult a local (to Chesterfield) attorney.

While jail time is a possibility, usually you have to be seriously speeding (100 MPH) or racing or something egregious to get the judge pissed off enough to issue that.
 

Atiek81

Junior Member
You should be very concerned. Reckless driving is a misdemeanor. You will have a LIFETIME CRIMINAL RECORD if you are convicted of this.
Ok, well I know this will sound stupid, but how could I be certain that I was going at the speed the officer told me I was going at? Like I said, I only slightly accelerated just to get around a car going at 40 MPH. Of course, had I paid attention to speed limit signs like the officer suggested, I would have realized that the car in front of me was not going 15 MPH slower than the limit as I originally thought.

Usually in situations like this you can get this reduced to careless driving (a non-criminal moving violation), sometimes in exchange for driving school (VADIP or the like). If the Commonwealth's Attorney is not willing to offer this outright, you should consult a local (to Chesterfield) attorney.
At what point would I know if the Commonwealth's Attorney is or is not willing to offer a lighter sentence? Or is this something I would have to find out upon appearing in court?

I apologize if my questions seem to be no-brainers, I've never been in a court room for anything before so I'm very unknowledgeable about this.
 

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