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20mph over with special circumstances- how to proceed?

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militaryguy

Junior Member
I'm active duty military, based in Northern Virginia but with a NY residency/license. Yesterday I was ticketing going 50 in a 30 zone. The mitigating factors I want to share are:
1. The road I was on was straight and on a downward gradient, and forested on both sides (not residencial or commercial). I had only been on the road for about 1/2 mile prior to being pulled over, and I saw no speed limit sign in that time, though there may have been one (a van in front of me turned off at one point, so I focused on him and not the signage). Any other time I've travelled roads like this, they would have been 45 zones. I asked the officer and he said that someone went 65 through here and hit a concrete barrier at the far an awhile ago, so the speed was being enforced differently now.
2. I really am a concientious driver, never used a cell phone in a car, haven't been without a seat belt in a car for 15+ years, never touch alcohol, I let other drivers merge in front, etc. Had I been aware of the strangely low speed limit on this road, which I had driven on only a couple of times before, I would have gone nowhere near the 20 over.
3. When I saw what I though might be a law enforcement vehicle ahead, I checked my speed and saw it was 49 or 50, so I immediatley braked down to 43. I was in my wife's car which has alot more pep than my little compact, so I tend to be a bit faster driving it. I corrected my speed to what I thought was below the limit. His lights went on after this slowdown, and I pulled over a few dozen yards past his vehicle. I also checked for signs at once I was hi vehicle, but saw none.

My ticket only says speeding 50 in 30 zone, and does not mention reckless driving, though I know 20mph is a threshold for reckless driving here in Virginia. The ticket also identifies $105 charge

My concerns or questions are: When I go to court, in uniform, what should I say so that I can get the charge lower and do I stand a chance of getting a reckless charge even though the ticket does not specifically call one out? Do the factors I share above have an bearing? This will be at the Alexandria Courthouse, by the way. Would it do any good for me to go to the court on an earlier date just to listen and see how the court approaches similar situations? Lastly, how/when will this impact my record given I have a NY and not a VA license? If the traffic officer does not appear in court that day, what will happen?
I'd like to do this w/o a hiring a lawyer.
 


JETX

Senior Member
militaryguy said:
The road I was on was straight and on a downward gradient, and forested on both sides (not residencial or commercial). I had only been on the road for about 1/2 mile prior to being pulled over, and I saw no speed limit sign in that time, though there may have been one (a van in front of me turned off at one point, so I focused on him and not the signage). Any other time I've travelled roads like this, they would have been 45 zones. I asked the officer and he said that someone went 65 through here and hit a concrete barrier at the far an awhile ago, so the speed was being enforced differently now.
Not relevant.
Absent signage to the contrary, the DEFAULT speed limits in Virginia are:
The speed limit for most business and residential areas is 25 mph for all vehicles. On secondary roads (those routes numbered 600 and above), the limits are 45 mph for trucks and 55 mph for other vehicles.
From your post, it would appear that the limit was 30 mph.

I really am a concientious driver, never used a cell phone in a car, haven't been without a seat belt in a car for 15+ years, never touch alcohol, I let other drivers merge in front, etc. Had I been aware of the strangely low speed limit on this road, which I had driven on only a couple of times before, I would have gone nowhere near the 20 over.
Not relevant. Of course, you can tell all that to the judge.... but it won't make any difference since you were cited for your CURRENT driving.... not your past.

When I saw what I though might be a law enforcement vehicle ahead, I checked my speed and saw it was 49 or 50, so I immediatley braked down to 43. I was in my wife's car which has alot more pep than my little compact, so I tend to be a bit faster driving it. I corrected my speed to what I thought was below the limit. His lights went on after this slowdown, and I pulled over a few dozen yards past his vehicle. I also checked for signs at once I was hi vehicle, but saw none.
Guess what?? Yep. Not relevant.

The ONLY issues here is what was your speed at the time you were 'clocked'... and what was the speed limit on the road you were on.

When I go to court, in uniform, what should I say so that I can get the charge lower
This one is very simple. Just tell the judge, "Your Honor, I am an idiot who didn't know what the speed limit was.... and was just driving at whatever speed I felt like."
The judge will very likely factor your statement into his ruling.

and do I stand a chance of getting a reckless charge even though the ticket does not specifically call one out?
Yep.
Virginia Code:
§ 46.2-862. Exceeding speed limit - 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).

Do the factors I share above have an bearing?
Nope. There is NOTHING in your post that defends against your traveling at 50 mph in a 30 mph zone.

Would it do any good for me to go to the court on an earlier date just to listen and see how the court approaches similar situations?
Of course. It is always beneficial to see the judicial branch of your government in action.

Lastly, how/when will this impact my record given I have a NY and not a VA license?
The state of NY will recognize that citation in VA since both states are members of the NRVC (Non-Resident Violators Compact).

If the traffic officer does not appear in court that day, what will happen?
Anything from dismissal to reschedule.

I'd like to do this w/o a hiring a lawyer.
Then you have a fool for a client.
 

You Are Guilty

Senior Member
JETX said:
The state of NY will recognize that citation in VA since both states are members of the NRVC (Non-Resident Violators Compact).
Just one bit of clarification - you will not receive any "NY DMV points" against your license no matter what VA ends up convicting you on. Your insurance company, on the other hand, will probably eventually find out about them.

DMV said:
Out-of-state traffic violations: Except for Ontario and Quebec, points are not added to your NYS driver record if you commit an out-of-state traffic violation.

Note: Insurance companies have point systems different from the DMV driver violation point system. The two point systems have no connection. Contact your insurance company about their point system.
http://www.nysdmv.com/license.htm#points
 

sukharev

Member
Q: When I go to court, in uniform, what should I say so that I can get the charge lower

A: You can plead guilty with explanation. In that case, your explanation would be sufficient. Ask for probation, or prayer in judgement, or PBJ, or whatever it is in Northern Virginia. You may even not have to do that, and get this taken care of by negotiating with DA or police officer before trial. Uniform is a powerful symbol, and honesty is your best weapon.


Q: do I stand a chance of getting a reckless charge even though the ticket does not specifically call one out?

A: it may be automatic, but after conviction. So, lowering your charge would take care of it.


Q: Do the factors I share above have an bearing?

A: Only as an explanation. They do not constitute any valid defense. If you plan to fight the ticket, you have to come up with something better than that.


Q: This will be at the Alexandria Courthouse, by the way. Would it do any good for me to go to the court on an earlier date just to listen and see how the court approaches similar situations?

A: Sure, this will help. Feel free to ask any follow-up questions if you don't understand something in there.


Q: Lastly, how/when will this impact my record given I have a NY and not a VA license?

A: YAG has given complete answer on this one


Q: If the traffic officer does not appear in court that day, what will happen?

A: Depending on rules of particular court, the case may be dismissed right away, but it may still continue, so you have to know how to object in order to get it dismissed. Or, if you plead guilty, it does not matter. The judge is the one that has to be present :)
 

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