3 point to 6 point

[ndoro]

What is the name of your state? Virginia

This past weekend I was driving on a state highway and I began to switch lanes from the left to right so someone could pass me ( I was going at or less than 5 above the speed limit). A rear tire went flat in the middle of this and the right side of the car went on to the gravel. I corrected and began breaking and the car fish-tailed in the middle of the highway and then slowed and spun into a grass ditch on the right side of the road. I was unhurt and no other cars or people were affected.

When the policeman showed up and reviewed the situation he told me he was going to give me a "Failure to Keep the Vehicle" under control ticket and that I shouldn't worry because it is a 3 point fine. However, after reviewing the ticket right now I was surprised to find that he actually wrote down 46.2-853 as the charge, and that according to the website is "Reckless Driving: Failure to Keep Vehicle Under Control / Faulty Breaks" and has a 6 point fine and mandatory court appearance. I wasn't going to fight the charge when I thought it was just a 3 point fine because I didn't want to have to drive to another county, but now it seems like I have to. Anyone have any advice?

 

[sukharev]

Definitely fight it, get the bill from repair shop for the tire, and inspect the brakes. Not sure if "faulty brakes" means that you have neglected to maintain them, but if it is, then definitely get the statement that they are in good shape. When the tire blows, nobody can fully control the car, this is not reckless driving. Good Luck.

 

[RedemptionMan]

did he write your speed on the ticket?

 

[BelizeBreeze]

did he write your speed on the ticket?

Now why would he write the speed on the ticket when the cited statute has nothing whatsoever to do with SPEED?

§ 46.2-853. Driving vehicle which is not under control; faulty brakes.

A person shall be guilty of reckless driving who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in the Commonwealth.

 

[sukharev]

§ 46.2-853. Driving vehicle which is not under control; faulty brakes.

A person shall be guilty of reckless driving who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in the Commonwealth.

Neither did he have inadequate or improperly adjusted brakes, or any way of knowing the tire blows out until it happened. Thanks, BelizeBreeze, right on the money

 

[BelizeBreeze]

Neither did he have inadequate or improperly adjusted brakes, or any way of knowing the tire blows out until it happened. Thanks, BelizeBreeze, right on the money

How do you know?

I don't and I'm reading the same post.

 

[RedemptionMan]

Some states such as mine have careless and prohibitive driving instead of reckless driving -- reckless driving is charged when the speed exceeds twice the posted limit --

 

[Shay-Pari'e]

Some states such as mine have careless and prohibitive driving instead of reckless driving -- reckless driving is charged when the speed exceeds twice the posted limit --

WRONG! In VA Reckless driving is 20 miles and over the speed limit.

Where did you get half the posted speed? And who cares what your state has.

 

[Flnative]

depending on the posted speed limit

WRONG! In VA Reckless driving is 20 miles and over the speed limit.

Where did you get half the posted speed? And who cares what your state has.

Code of Virginia

Title 46.2 - MOTOR VEHICLES.
Chapter 8 - Regulation of Traffic
§ 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.

 

[sukharev]

How do you know?

I don't and I'm reading the same post.

I ASSUMED

After all, his brakes wirked so well he fish-tailed (whatever that looked like)

 

[Shay-Pari'e]

Code of Virginia

Title 46.2 - MOTOR VEHICLES.
Chapter 8 - Regulation of Traffic
§ 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.

Well, at any speed posted, it appears that 20 miles over the limit was accurate. 20 would be the minimum. It is certainly not half the speed posted.

 

[RedemptionMan]

Code of Virginia

Title 46.2 - MOTOR VEHICLES.
Chapter 8 - Regulation of Traffic
§ 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.

WOW

reckless driving has an speed endangerment element to it and careless driving is the same thing but without the speed. I should know I have paid enough of them both in my time... LOL

 

[Flnative]

Paradise

If you go back and look at his post he did not say Half the posted speed he said twice the posted speed.

 

[Shay-Pari'e]

If you go back and look at his post he did not say Half the posted speed he said twice the posted speed.

Well, I guess that makes it an even dumber comment. Same thing, as twice the posted speed is still not correct.